Does a defendant have a claim that a prosecutor made improper racial references in the prosecutor's guilt phase argument to the jury?

California, United States of America


The following excerpt is from People v. Mayfield, 14 Cal.4th 668, 60 Cal.Rptr.2d 1, 928 P.2d 485 (Cal. 1997):

Defendant contends there were improper racial references in the prosecutor's guilt phase argument to the jury. Because defense counsel did not object to these statements or request that the jury be admonished, the contention is not reviewable on appeal. (People v. Berryman (1993) 6 Cal.4th 1048, 1072, 25 Cal.Rptr.2d 867, 864 P.2d 40.) We consider below (pt. IV.T.3., post ) defendant's claim that trial counsel's failure to object denied him his federal constitutional right to the effective assistance of counsel.

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