Does a defense counsel render ineffective assistance of counsel for failing to include the victim's letter in their opening statement?

California, United States of America


The following excerpt is from People v. Shaffer, E063230 (Cal. App. 2016):

7. Having concluded defense counsel did not render ineffective assistance of counsel, we need not address whether defendant was prejudiced. Even if we were to conclude defendant's representation was deficient, we would conclude defendant suffered no prejudice. Putting aside the victim's letter, the remaining evidence of guilt in this case was very strong and the evidence to support the claims of complete self-defense, heat of passion, and imperfect self-defense was weak. Therefore, on this record, we cannot say there is a reasonable probability defendant would have received a more favorable result had his attorney not included the letter in his opening statement. (Strickland v. Washington, supra, 466 U.S. at p. 694.)

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