Does the failure to raise a meritless defense constitute ineffective assistance?
MultiRegion, United States of America
The following excerpt is from U.S. v. Smith, 855 F.2d 863 (9th Cir. 1988):
Smith contends in the alternative that his trial counsel's failure to raise an outrageous government conduct defense constituted ineffective assistance. To show ineffective assistance, a defendant must prove a deficient performance and resulting prejudice. See Strickland v. Washington, 466 U.S. 668, 687 (1984). Smith was not prejudiced by his counsel's failure to raise a meritless defense. See Strickland, 466 U.S. at 687.
Page 863
The judgment is AFFIRMED.
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