California, United States of America
The following excerpt is from People v. Nguyen, H034833 (Cal. App. 2011):
Even assuming that the closing remarks constituted prosecutorial misconduct, they were brief and relatively mild. (Cf. People v. Fields, supra, 35 Cal.3d at p. 362 [prosecutor's argument graphically describing the crime from the murder victim's perspective invited jurors to "depart from their duty to view the evidence objectively" and was an improper appeal for victim sympathy].) Further, a decision whether to object to instances of prosecutorial misconduct is "inherently tactical" and "the failure to object will rarely establish ineffective assistance. [Citations.]" (People v. Maury (2003) 30 Cal.4th 342, 419.)
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