Can a defendant bring a claim for damages against the trial counsel for failing to object to a sentence that would have preserved an error in sentencing?

California, United States of America

The following excerpt is from People v. Martin, D066921 (Cal. App. 2015):

A claim regarding an error in sentencing generally is not preserved for appeal if trial counsel fails to object. (People v. Scott (1994) 9 Cal.4th 331, 355-356.) However, such a claim can still be made on appeal if a defendant can show that trial counsel's failure to object was a professional error under Strickland v. Washington (1984) 466 U.S. 668. To find professional error, a defendant must demonstrate that trial counsel's failure

Page 5
to act is not justifiable by any conceivable trial strategy and that the error prejudiced the defendant. (Id. at pp. 689-690; People v. Lewis (1990) 50 Cal.3d 262, 288.)

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

What is the record of why defendant's trial counsel failed to object to the sentencing on the ground that the trial court improperly used defendant's religious beliefs as a basis for his sentence? (California, United States of America)

How have the courts treated a defendant's claim that counsel failed to object to the trial court's incorrect belief that he had expressed no remorse at his initial sentencing hearing? (California, United States of America)

Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)

Does a failure by defendant's trial attorney to object at his sentencing hearing after the trial court indicated that it would impose upper term sentences on count one and the enhancement? (California, United States of America)

What is the test for failing to provide a reasonable probability that defendant would have obtained a more favourable result if counsel had failed to provide counsel with reasonable counsel? (California, United States of America)

Can a defendant who failed to object at trial to the allegation of prosecutorial misconduct in a criminal case bring a claim of ineffective assistance of counsel on appeal? (California, United States of America)

What is the test for a defendant to succeed in a claim of ineffective assistance of counsel for failing to object at trial to alleged prosecutorial misconduct? (California, United States of America)

Can a defendant successfully argue that her trial counsel's representation was deficient for failing to object to the middle term of her sentence? (California, United States of America)

When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)

Is there any case law where a defendant was denied effective assistance of counsel because his trial counsel failed to communicate to him that a plea bargain offer under which he would have been permitted to plead guilty to voluntary manslaughter? (California, United States of America)

Can a defendant bring a claim for damages against the trial counsel for failing to object to a sentence that would have preserved an error in sentencing?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources