California, United States of America
The following excerpt is from People v. Alvarez, F064349 (Cal. App. 2016):
summation warranted by the evidence. This record does not demonstrate that the prosecutor's comments were intended to inflame or were designed principally to arouse the jury's passion or prejudice. To the contrary, the prosecutor advised the jury to put their emotions aside, and render a verdict based on the evidence and law. The prosecutor's comments were fleeting characterizations in the course of lengthy summations, and they do not establish misconduct. (People v. Tully, supra, 54 Cal.4th at p. 1021.)
Finally, because appellant's claim has no merit, he cannot establish ineffective assistance of counsel. An attorney is not deemed incompetent when he or she fails to lodge meritless objections. (People v. Lucero, supra, 23 Cal.4th at p. 732.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.