Does a defense attorney's failure to request an alibi constitute ineffective assistance of counsel?

California, United States of America


The following excerpt is from The People v. Robert Eugene Wash., F056938, No. RF005212A (Cal. App. 2010):

Appellant cites Commonwealth v. Mikell (1999) 556 Pa. 509 [729 A.2d 566] as a case in which counsel's "failure to request an alibi instruction constituted constitutionally ineffective assistance of counsel such as to entitle [defendant] to a new trial." (Id. at p. 518 [729 A.2d at p. 571].) Appellant has cited, and we have located, no California case in which a defense attorney's failure to request an alibi instruction was determined to violate a defendant's right to effective assistance of counsel.

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