Can a plaintiff bring a claim against counsel ineffective for failing to press the trial court for a ruling on the admissibility of the evidence to prove self-defense?

MultiRegion, United States of America

The following excerpt is from Vasquez v. Spearman, No. 2:18cv0073 TLN KJN (HC) (E.D. Cal. 2020):

Accordingly, petitioner cannot show that his constitutional rights were violated by the exclusion, and for the same reasons, he fails to show that counsel was ineffective for failing to press the trial court for a ruling on the evidence's admissibility to prove self-defense. See Rupe v. Wood, 93 F.3d 1434, 1444-45 (9th Cir. 1996) (defense counsel's failure to raise a meritless argument or to take a futile action does not constitute ineffective assistance of counsel). In sum,

Page 31

petitioner is not entitled to relief and it is hereby recommended the claim be denied.

E. Cumulative Error

Other Questions


What is the test for a plaintiff's claim that the government failed to bring him to trial within the Speedy Trial Act? (MultiRegion, United States of America)
Does a state appellate court find ineffective trial counsel ineffective by failing to object when the prosecutor asked eyewitnesses whether they had been intimidated by a couple of Vietnamese men? (MultiRegion, United States of America)
Can a plaintiff prevail on a claim that trial counsel was ineffective for failing to request the jury instruction at issue? (MultiRegion, United States of America)
If Plaintiff fails to replead any of her claims, if the Plaintiff does not replead all of her actions, will the Plaintiff's claims be waived? (MultiRegion, United States of America)
What is the test for review for abuse of a trial court's rulings on the admissibility of evidence? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
Can a procedural default rule prevent a plaintiff from bringing a claim on the merits of the claim? (MultiRegion, United States of America)
Does Defendant have a claim that some of the evidence relied on by plaintiff at trial be inadmissible at trial? (MultiRegion, United States of America)
In what circumstances will a federal court disqualify a defendant's chosen counsel for failing to disqualify the trial counsel because of a conflict of interest? (MultiRegion, United States of America)
What evidence supports the contention that counsel was ineffective at trial in a Rule 11 hearing? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.