If a prosecutor's comments were improper, would we find ineffective assistance of counsel for failure to object?

California, United States of America


The following excerpt is from People v. Flores, B241025 (Cal. App. 2014):

Similarly, even if the prosecutor's comments were improper, we would not find ineffective assistance of counsel for failure to object. "Reviewing courts defer to counsel's reasonable tactical decisions in examining a claim of ineffective assistance of counsel [citation], and there is a 'strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance.' [Citation.] Defendant's burden is difficult to carry on direct appeal, as we have observed: ' "Reviewing courts will reverse convictions [on direct appeal] on the ground of inadequate counsel only if the record on appeal affirmatively discloses that counsel had no rational tactical purpose for [his or her] act or omission." ' [Citation.]" (People v. Lucas (1995) 12 Cal.4th 415, 436-437.)

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