Does a defendant have a right to complain of prosecutorial misconduct?

California, United States of America

The following excerpt is from People v. Williams, 16 Cal.4th 153, 66 Cal.Rptr.2d 123, 940 P.2d 710 (Cal. 1997):

Defendant contends that, if his right to complain of prosecutorial misconduct was forfeited, then his trial counsel was constitutionally ineffective for failing to preserve it. Keeping in mind that "[a]n attorney may choose not to object for many reasons, and the failure to object rarely establishes ineffectiveness of counsel" (People v. Kelly (1992) 1 Cal.4th 495, 540, 3 Cal.Rptr.2d 677, 822 P.2d 385), we examine each instance of alleged misconduct.

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