In what circumstances will a plaintiff be successful in his claim of ineffective assistance for failing to raise an objection to misconduct?

California, United States of America

The following excerpt is from People v. Aguilera, C080282 (Cal. App. 2018):

inappropriate forum for establishing that the inherently tactical choice of failing to raise an objection to misconduct fell below reasonable professional standards. (People v. Lopez (2008) 42 Cal.4th 960, 966, 972.) In the second place, defendant does not provide anything more than a perfunctory analysis of how the failure to object in each instance did not meet objective professional standards; "[t]his will not suffice" (People v. Mitchell (2008) 164 Cal.App.4th 442, 466-467 [rejecting claim of ineffective assistance on this basis]).

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Is ineffective assistance of counsel ineffective for failing to object to alleged prosecutorial misconduct? (California, United States of America)

Is ineffective assistance of counsel ineffective when a defense attorney fails to raise a meritless objection? (California, United States of America)

When a defendant fails to raise an issue in the opening brief, raising it for the first time in the reply brief, is a claim of ineffective assistance forfeited? (California, United States of America)

Can a defendant who failed to object at trial to the allegation of prosecutorial misconduct in a criminal case bring a claim of ineffective assistance of counsel on appeal? (California, United States of America)

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)

What is the test for a defendant to succeed in a claim of ineffective assistance of counsel for failing to object at trial to alleged prosecutorial misconduct? (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)

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 party raise a claim on appeal despite the lack of objection at trial where the circumstances show an objection would have been futile? (California, United States of America)

Is ineffective assistance ineffective assistance based on a trial counsel's failure to object to a restitution order? (California, United States of America)

In what circumstances will a plaintiff be successful in his claim of ineffective assistance for failing to raise an objection to misconduct?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources