In what circumstances will counsel not be deficient in their performance in a civil case?

California, United States of America


The following excerpt is from People v. Lampley, B292186 (Cal. App. 2020):

In addition, counsel was not deficient because an objection would have been futile (People v. Beasley (2003) 105 Cal.App.4th 1078, 1092 ["Counsel's failure to make a futile or unmeritorious objection is not deficient performance"]); the police did not violate Miranda.

In order to invoke the Fifth Amendment privilege to remain silent and "'halt police questioning after it has begun,'" a suspect must unambiguously assert his right to silence or counsel. (People v. Suff (2014) 58 Cal.4th 1013, 1068.) "'It is not enough

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