Does a defense counsel have to make a futile motion or meritless objection to an ex post facto objection?

California, United States of America


The following excerpt is from People v. Newsome, F067578 (Cal. App. 2016):

6. Because no ex post facto violation occurred, we will not address appellant's argument that his counsel rendered ineffective assistance in failing to raise an ex post facto objection in the trial court. (People v. Torrez (1995) 31 Cal.App.4th 1084, 1091 [defense counsel is not required to make futile motions or meritless objections to appear competent].)

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