Can a prosecutor be found to have committed misconduct by failing to object to a motion?
California, United States of America
The following excerpt is from People v. Herrmann, E059815 (Cal. App. 2015):
Based on the foregoing, we find that any misconduct committed by the prosecutor was not prejudicial. It follows that if we were to conclude that defendant received ineffective assistance of counsel due to his counsel's failure to object, he could not establish prejudice. (People v. Vines, supra, 51 Cal.4th at pp. 875-876.) We reject defendant's claim that reversal is warranted.
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