Is a defense counsel ineffective for failing to request a defense of necessity?

California, United States of America

The following excerpt is from The People v. Valencia, F059244, Super. Ct. No. CRF30714 (Cal. App. 2011):

For the same reasons the trial court was not required sua sponte to instruct on the defense of necessity, defense counsel was not ineffective for failing to request a necessity instruction. The evidence was insufficient to support such an instruction. As the appellate court stated in People v. Torrez (1995) 31 Cal.App.4th 1084, 1091, "defense counsel is not required to make futile motions or to indulge in idle acts to appear competent."

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Is a defense counsel ineffective for failing to request a defense of necessity?

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