Is a defendant's counsel ineffective for failing to object to the felony murder instructions on the grounds of collateral estoppel?

California, United States of America


The following excerpt is from People v. Asbury, 173 Cal.App.3d 362, 218 Cal.Rptr. 902 (Cal. App. 1985):

Defendant's counsel, however, did not object to the felony murder instructions on the grounds of collateral estoppel, and it is conceded by all parties that in the absence of such an objection, any argument on appeal is waived. (Ponce v. Tractor Supply Co. (1972) 29 Cal.App.3d 500, 507-508, 105 Cal.Rptr. 628; People v. Beltran (1949) 94 Cal.App.2d 197, 207, 210 P.2d 238.) The defendant contends, therefore, that his counsel was ineffective for failing to raise this objection.

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