Can a claim for ineffective assistance of counsel be denied if counsel objected?
California, United States of America
The following excerpt is from People v. Avila, 16 Cal.App.4th 1489, 20 Cal.Rptr.2d 867 (Cal. App. 1993):
In any event, appellant has not demonstrated how the result might have been more favorable to him had counsel objected. In the absence of a showing of prejudice from the alleged omission, a claim for ineffective assistance of counsel is also properly rejected. (People v. Pensinger (1991) 52 Cal.3d 1210, 1276, 278 Cal.Rptr. 640, 805 P.2d 899.)
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