Does a failure to request an evidentiary hearing constitute ineffective assistance of counsel?
California, United States of America
The following excerpt is from People v. Ferea, H037332 (Cal. App. 2014):
Because there was no error by the trial court, the failure to request an evidentiary hearing did not constitute ineffective assistance of counsel. (See People v. Price (1991) 1 Cal.4th 324, 387 [failure to make unmeritorious motion or request is not ineffective assistance of counsel].)
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