Can a defense counsel be found to have performed below an objective standard of reasonableness?

California, United States of America


The following excerpt is from People v. Yslas, F066892 (Cal. App. 2015):

For the reasons explained above, defense counsel cannot be said to have performed below an objective standard of reasonableness. (Strickland v. Washington, supra, 466 U.S. at p. 687.) Moreover, based on the overwhelming evidence of defendant's guilt on this record (discussed, ante), we conclude he has failed to demonstrate a reasonable probability that, even assuming defense counsel erred, the result of the proceeding would have been different absent such error.

Other Questions


In what circumstances will the court require a defense counsel to object to a motion where the trial atmosphere was poisonous, and the defense counsel did not object at all? (California, United States of America)
Is there any case law where a defense counsel has been found to have made a personal attack on the integrity of the defense counsel? (California, United States of America)
When a prosecutor asks a defense counsel a question in voir dire about rape and sexual assault, is the defense counsel's failure to object to the questions? (California, United States of America)
Does a defense counsel's failure to object to a prosecutor's reasonableness comments necessarily constitute ineffective assistance of counsel? (California, United States of America)
Is a prosecutor's comment that defense counsel was seeking to "distract the jury from the evidence as an attack on counsel's integrity a fair response to defense counsel's remarks? (California, United States of America)
Does a defense counsel's failure to object to the court's discussion of reasonable doubt constitute ineffective assistance of counsel? (California, United States of America)
If counsel discovered that the burglary had been reduced to a misdemeanor, and lodged an objection below, would counsel have discovered that counsel had discovered that Counsel had discovered it was a misdemeanor? (California, United States of America)
Can defense counsel argue that defense counsel failed to object to the foregoing procedure or request that written instructions be provided to the jury? (California, United States of America)
Does a defendant have to prove that defense counsel's acts or omissions constitute representation below the objective standard of reasonableness? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.