Can a defendant bring an appeal against the finding that his trial attorney failed to object to all of the allegations of prosecutorial misconduct?

California, United States of America


The following excerpt is from People v. Logan, G050983 (Cal. App. 2016):

1. As appellant admits, his trial attorney did not object to all of the alleged misconduct, which raises the specter of forfeiture. (People v. Samayoa (1997) 15 Cal.4th 795, 841 ["As a general rule a defendant may not complain on appeal of prosecutorial misconduct unless in a timely fashion - and on the same ground - the defendant made an assignment of misconduct and requested that the jury be admonished to disregard the impropriety."].) However, because appellant contends his attorney was ineffective to the extent his objections were inadequate we will consider all his arguments on their merits. (People v. Daya (1994) 29 Cal.App.4th 697, 714.)

Other Questions


Can a defendant who failed to object at trial to the allegation of prosecutorial misconduct in a criminal case bring a claim of ineffective assistance of counsel on appeal? (California, United States of America)
Can a defendant who failed to object at trial to alleged prosecutorial misconduct argue on appeal that his inaction violated his constitutional right to effective assistance of counsel? (California, United States of America)
Can a defendant who failed to object at trial to alleged prosecutorial misconduct on appeal argue that counsel's inaction violated their constitutional right to effective assistance of counsel? (California, United States of America)
Does a defendant waive their right to object on appeal to a plaintiff's trial misconduct by failing to request the trial court to admonish the jury to disregard such misconduct? (California, United States of America)
Can a defendant who failed to object at trial to alleged prosecutorial misconduct argue on appeal that his inaction violated his constitutional right to effective assistance of counsel? (California, United States of America)
Is a defendant's failure to object on appeal cognizable because the issue is not cognizable on appeal because trial counsel rendered ineffective assistance by failing to object? (California, United States of America)
Is a defendant permitted to proceed with an application to appeal against the finding that he failed to object at trial to the Court of Appeal? (California, United States of America)
Does a defendant who failed to object at trial to a finding that there was no evidence of his ability to pay a booking fee have a right to appeal the finding? (California, United States of America)
What is the test for a defendant to succeed in a claim of ineffective assistance of counsel for failing to object at trial to alleged prosecutorial misconduct? (California, United States of America)
Is a defendant entitled to a fair trial if his trial attorney objected to the alleged judicial misconduct or impeachment evidence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.