Does a defendant's failure to request a pinpoint instruction on voluntary intoxication as it applied to an attempted robbery constitute prejudicial ineffective assistance of counsel?
California, United States of America
The following excerpt is from People v. Degante, G054268 (Cal. App. 2018):
Defendant argues his attorney's failure to request a pinpoint instruction on voluntary intoxication as it applied to attempted robbery (CALCRIM No. 3426) constitutes prejudicial ineffective assistance of counsel. We conclude otherwise because the appellate record provides no basis to reject the "'"'strong presumption'"'" in favor of counsel's reasonable tactical decisions. (People v. Jones (2003) 29 Cal.4th 1229, 1254.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When there is no substantial evidence to warrant a self-defense instruction, does McNeely's contention that counsel's failure to request the instruction constitute ineffective assistance of counsel? (California, United States of America)
Is a defendant's claim that his trial counsel's failure to object or request a limiting instruction was ineffective assistance of counsel? (California, United States of America)
What is the test for dismissing an ineffective assistance of counsel claim based on counsel's failure to request further clarification of an instruction? (California, United States of America)
If defense counsel failed to request instructions on voluntary intoxication and mental impairment, would this be ineffective assistance? (California, United States of America)
Does counsel's failure to request unsupported jury instructions amount to ineffective assistance of counsel? (California, United States of America)
Does a failure to instruct a defendant on intoxication constitute an error in failing to instruct on intoxication? (California, United States of America)
In a personal injury action, does the failure to request a supplemental Page 15 instruction of implied malice constitute an ineffective assistance of counsel claim? (California, United States of America)
Does a defense counsel's failure to interpose an objection to a misstatement of the law constitute ineffective assistance of counsel? (California, United States of America)
Does a Defendant's appointed attorney render ineffective assistance of counsel by failing to request an instruction on self-defense? (California, United States of America)
When will a defendant's claim that his attorney's failure to object to the dual use of facts constitute ineffective assistance of counsel? (California, United States of America)
