Is there any case law where a defendant's trial counsel failed to object to the argument made by a prosecutor before the jury?

California, United States of America


The following excerpt is from People v. Martinez, H039350 (Cal. App. 2016):

Even if we were to assume that defendant's trial counsel was deficient in failing to object to this argument, we would find no misconduct. "When, as here, the claim focuses on comments made by the prosecutor before the jury, a court must determine at the threshold how the remarks would, or could, have been understood by a reasonable juror. [Citations.] If the remarks would have been taken by a juror to state or imply nothing harmful, they obviously cannot be deemed objectionable." (People v. Benson (1990) 52 Cal.3d 754, 793.)

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