Does a defendant have any grounds to claim ineffective assistance of counsel as a result of his trial counsel's failure to object to the prosecutor's statements?

California, United States of America


The following excerpt is from People v. Acristian, B223815 (Cal. App. 2011):

We also find no merit in defendant's argument that he received ineffective assistance of counsel as a result of his trial counsel's failure to object to the prosecutor's statements described above. "A cognizable claim of ineffective assistance of counsel requires a showing 'counsel made errors so serious that counsel was not functioning as the "counsel" guaranteed . . . by the Sixth Amendment.' '[T]he performance inquiry must be whether counsel's assistance was reasonable considering all the circumstances.' To prevail on an ineffective assistance of counsel claim, a defendant must also establish counsel's performance prejudiced his defense. To establish prejudice, a defendant must demonstrate 'there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.' " (People v. Jones (2009) 178 Cal.App.4th 853, 859-860, citations omitted.) A failure to object rarely constitutes constitutionally ineffective assistance of counsel. (People v. Gray (2005) 37 Cal.4th 168, 209.)

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