Does a decision not to make a meritless request for counsel not to respond to a request for judicial review be deemed incompetent for failure?
California, United States of America
The following excerpt is from People v. Washington, 15 Cal.App.5th 19, 222 Cal.Rptr.3d 772 (Cal. App. 2017):
Mickel , at p. 198, 211 Cal.Rptr.3d 601, 385 P.3d 796.) Because the decision not to make a meritless request is neither deficient performance nor prejudicial ( People v. Lucero (2000) 23 Cal.4th 692, 732, 97 Cal.Rptr.2d 871, 3 P.3d 248 [" [c]ounsel may not be deemed incompetent for failure
[222 Cal.Rptr.3d 777]
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