Does a defense counsel render constitutionally inadequate representation by failing to object to a prosecutor's remark on the presumption of innocence?

California, United States of America


The following excerpt is from People v. Morse, C086129 (Cal. App. 2019):

Defense counsel did not render constitutionally inadequate representation by failing to object to the prosecutor's remark on the presumption of innocence. "[T]he prosecutor has a wide-ranging right to discuss the case in closing argument. [S]he has the right to fully state [her] views as to what the evidence shows and to urge whatever conclusions [s]he deems proper." (People v. Lewis (1990) 50 Cal.3d 262, 283.) The prosecutor's argument here did reference the presumption of innocence attaching at the start of the trial. However, the argument also suggested the presumption's "cloak" of

Page 13

Other Questions


Is a prosecutor's comment that defense counsel was seeking to "distract the jury from the evidence as an attack on counsel's integrity a fair response to defense counsel's remarks? (California, United States of America)
If a prosecutor misstated the law on self-defense, and the defense counsel failed to object to the argument, what is the effect on the jury? (California, United States of America)
When a prosecutor asks a defense counsel a question in voir dire about rape and sexual assault, is the defense counsel's failure to object to the questions? (California, United States of America)
Does a defense counsel's failure to object to a prosecutor's reasonableness comments necessarily constitute ineffective assistance of counsel? (California, United States of America)
Does trial counsel shirk his constitutional responsibility to provide competent counsel by failing to ask the court to instruct on a bogus self-defense defense? (California, United States of America)
In what circumstances will the court require a defense counsel to object to a motion where the trial atmosphere was poisonous, and the defense counsel did not object at all? (California, United States of America)
When a prosecutor criticizes a defense attorney's conduct at trial, can the prosecutor be found guilty of misconduct if the prosecutor's arguments are not in the context of the defense counsel's conduct? (California, United States of America)
Can defense counsel argue that defense counsel failed to object to the foregoing procedure or request that written instructions be provided to the jury? (California, United States of America)
Is a defense counsel ineffective for failing to object to a prosecutor's challenged remarks? (California, United States of America)
Is there any case law where a defendant's claim that his counsel provided ineffective assistance by failing to object to the prosecutor's statements concerning his right to assert self-defense fails? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.