Does the trial counsel's failure to request remand on SS110923A constitute ineffective assistance?

California, United States of America


The following excerpt is from People v. McCormick, H038603 (Cal. App. 2013):

Further, we need not speculate as to the trial counsel's state of mind. "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, supra, 466 U.S. at p. 697.) Defendant's claim of ineffective assistance therefore fails since he was not prejudiced by any perceived omissions made by his trial counsel. Defendant was ultimately sentenced on both cases based on a negotiated disposition that included concurrent time. There is nothing in the record to suggest that the negotiated disposition did not take into account the time defendant had served or the credits he had earned. Without more information, it would be pure speculation for us to find defendant was actually prejudiced by his counsel's failure to request he be remanded on SS110923A. Defendant was not denied effective assistance of counsel.

Other Questions


Is ineffective assistance ineffective assistance based on a trial counsel's failure to object to a restitution order? (California, United States of America)
Is a defendant's claim that his trial counsel's failure to object or request a limiting instruction was ineffective assistance of counsel? (California, United States of America)
When there is no substantial evidence to warrant a self-defense instruction, does McNeely's contention that counsel's failure to request the instruction constitute ineffective assistance of counsel? (California, United States of America)
Does Nauta have to prove that his trial counsel's failure to object constitutes ineffective assistance of counsel? (California, United States of America)
Does a defense counsel's failure to interpose an objection to a misstatement of the law constitute ineffective assistance of counsel? (California, United States of America)
Can a defendant argue that trial counsel's failure to object to the prosecutor's remarks amounted to ineffective assistance of counsel in a habeas corpus proceeding? (California, United States of America)
If a defendant makes a motion for a continuance of trial on grounds of ineffective assistance of counsel at trial, is it appropriate to appoint a new counsel to prepare the motion? (California, United States of America)
Does Counsel's failure to file a pre-plea recusal motion constitute ineffective assistance of counsel? (California, United States of America)
Does a motion for a new trial on ineffective assistance of counsel fail to address the issue of ineffective assistance? (California, United States of America)
Does a defendant's failure to request a pinpoint instruction on voluntary intoxication as it applied to an attempted robbery constitute prejudicial ineffective assistance of counsel? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.