Is there any case law where a defendant's defense counsel was ineffective for not objecting?

California, United States of America


The following excerpt is from People v. Maury, 133 Cal.Rptr.2d 561, 30 Cal.4th 342, 68 P.3d 1 (Cal. 2003):

Regarding some of the alleged instances of prosecutorial misconduct, defendant claims defense counsel were ineffective for not objecting. However, deciding whether to object is inherently tactical, and the failure to object will rarely establish ineffective assistance. (People v. Hillhouse, supra, 27 Cal.4th at p. 502, 117 Cal.Rptr.2d 45, 40 P.3d 754; People v. Scott (1997) 15 Cal.4th 1188, 1223, 65 Cal. Rptr.2d 240, 939 P.2d 354.) As we explain, this is not one of those rare cases.

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