Does the exclusion of Juror No. 2's testimony in a sexual assault case invalidate defendants' claim of ineffective assistance?

California, United States of America


The following excerpt is from People v. Barrera, C085232 (Cal. App. 2019):

Because we find no error in the exclusion of Juror No. 2's testimony, defendants' claim of ineffective assistance also fails. "To secure reversal of a conviction upon the ground of ineffective assistance of counsel under either the state or federal Constitution, a defendant must establish (1) that defense counsel's performance fell below an objective standard of reasonableness, i.e., that counsel's performance did not meet the standard to be expected of a reasonably competent attorney, and (2) that there is a reasonable probability that defendant would have obtained a more favorable result absent counsel's shortcomings." (People v. Cunningham (2001) 25 Cal.4th 926, 1003.) "If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed." (Strickland v. Washington (1984) 466 U.S. 668, 697.) As the juror's testimony was properly disallowed, citing to section 704 would not have resulted in a more favorable outcome for defendants.

Page 12

Other Questions


Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
How have courts treated the issue of ineffective assistance claims in the context of an ineffective assistance claim? (California, United States of America)
What is the test for a defendant's claim that the exclusion of evidence in the trial of a defendant in a sexual assault case violated his federal constitutional right to present a defense? (California, United States of America)
When a photograph of a defendant in a sexual assault case was found to have been taken in the context of an alleged sexual assault, is there any connection to the subsequent verdict of attempted sodomy? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
Does a defendant have to question a witness who claims to be the victim of sexual assault about their prior sexual activity? (California, United States of America)
What is the effect of ineffective assistance on the ineffective assistance claim? (California, United States of America)
In a sexual assault case, is it possible for a defendant to sexually assault two women by touching their genitals? (California, United States of America)
In what circumstances will a prosecutor increase the sexual assault charge against a defendant to include additional sexual assault charges? (California, United States of America)
Does a defendant have a claim of ineffective assistance of counsel for failing to challenge the jurors for cause or exclude them peremptorily? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.