Is there any case law where a defendant's trial counsel was ineffective for failing to object in a timely manner to asserted prosecutorial misconduct?

California, United States of America


The following excerpt is from People v. Garcia, H039212 (Cal. App. 2014):

Defendant acknowledges that generally, "trial counsel's failure to object in a timely manner to asserted prosecutorial misconduct . . . results in the forfeiture of the claim on appeal. [Citation.]" (People v. Dykes (2009) 46 Cal.4th 731, 757.) Defendant suggests this court can exercise discretion to review his claim because the prosecutorial misconduct violated his constitutional rights to due process and a fair trial. Defendant also asserts that trial counsel was ineffective for failing to object to the misconduct.

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