If defense counsel had made a motion opposing right-to-self defense, would it have been denied?
California, United States of America
The following excerpt is from People v. Vilkin, D067753 (Cal. App. 2016):
On this record, we conclude that, even if defense counsel had made such a motion, it would have been denied. (See People v. Memro (1995) 11 Cal.4th 786, 834 [noting the general rule that counsel is not obligated to make futile or frivolous motions].)
B. Failure to Object to Right-to-Self Defense, Not Contrived Instruction
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