California, United States of America
The following excerpt is from People v. Makanski, A150210 (Cal. App. 2019):
The attorney's inaction does not constitute ineffective counsel because there is not a reasonable possibility that a court would have stricken the fee had defense counsel raised an objection. "[W]hen considering a claim of ineffective assistance of counsel, 'a court need not determine whether counsel's performance was deficient before examining the prejudice suffered by the defendant as a result of the alleged deficiencies. . . . If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, . . . that course should be followed.' " (People v. Fairbank (1997) 16 Cal.4th 1223, 1241.)
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.