Can a defense counsel be ineffective in not seeking exclusion under Miranda?

California, United States of America


The following excerpt is from People v. Blount, F066744, F067069 (Cal. App. 2015):

14. Because appellants could not suppress this evidence under Miranda, appellants cannot establish their trial counsel were constitutionally ineffective in not seeking exclusion under Miranda. (See People v. Scheer (1998) 68 Cal.App.4th 1009, 1024 [defense counsel not required to make futile motions or indulge in idle acts to appear competent].) Thus, we will not address appellants' arguments their defense counsel rendered ineffective assistance in this regard.

15. The jury was shown photographs of Blount's tattoos.

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