Can a defendant bring a claim for ineffective assistance of counsel against counsel who failed to follow up with follow-up questions?

California, United States of America


The following excerpt is from People v. Gomez, G048893 (Cal. App. 2015):

Defendant claims counsel failed to follow-up with questions that may have benefited him. However, he does not attempt to demonstrate what favorable evidence, if any, would have been brought to light by any follow-up questions. He has not, therefore, demonstrated any prejudice from the alleged failure to ask follow up questions. (People v. Mendoza Tello (1997) 15 Cal.4th 264, 267 [appellate court should not find ineffective assistance of counsel without development all facts relevant facts in the record].) We therefore reject defendant's ineffective assistance of counsel claim.

Page 14

The judgment is affirmed.

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