The following excerpt is from Baldwin v. Adams, 899 F.Supp.2d 889 (E.D. Cal. 2012):
The state appellate court found that the prosecutor's remarks did not constitute misconduct. The court reasoned that the prosecutor himself undermined the prejudicial effect of these remarks by cautioning the jury that, It's not a crusade and that it must [t]reat this case individually. People v. Baldwin, No. A107665, slip op. at 22. The court also reasoned that the remarks would not have incited the jurors' passions because the prosecutor's brief references to lawlessness and the need to send a message to the citizens of the community were preceded by lengthy and detailed argument focused entirely upon the evidence. Id. at 2223. Because the prosecutor's remarks were not misconduct, the court found that counsel's failure to object was not ineffective assistance. Id. at 22.
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