In what circumstances have defendants failed to establish ineffective assistance of counsel?

California, United States of America


The following excerpt is from People v. Jensen, H041821 (Cal. App. 2017):

We also determine that defendants have failed to establish ineffective assistance of counsel based on trial counsels' failure to object to CALCRIM No. 250. Since we have concluded that the trial court's error in giving CALCRIM No. 250 was not prejudicial, we further conclude that defendants fail to show a " ' "reasonable probability that, but for counsel's unprofessional error[ ], the result of the proceeding would have been different." [Citation.]' [Citation.]" (People v. Lopez (2008) 42 Cal.4th 960, 966.)

Other Questions


Is there any case law where a defendant's claim that his counsel provided ineffective assistance by failing to object to the prosecutor's statements concerning his right to assert self-defense fails? (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)
Can a defendant bring a claim for ineffective assistance of counsel against counsel who failed to follow up with follow-up questions? (California, United States of America)
What is the test for failing to provide a reasonable probability that defendant would have obtained a more favourable result if counsel had failed to provide counsel with reasonable counsel? (California, United States of America)
Is ineffective assistance of counsel ineffective when counsel fails to object to the issue? (California, United States of America)
Is ineffective assistance to counsel ineffective assistance of counsel? (California, United States of America)
What is the record of the appellant's appeal against a finding that counsel provided ineffective assistance and ineffective assistance to 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)
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)
Is ineffective assistance the burden of proving 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.