Does a defense attorney's inaction not constitute ineffective counsel?

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.)

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