Is a defense counsel not required to make a frivolous motion or to indulge in idle acts to appear competent?
California, United States of America
The following excerpt is from People v. Sanders, E055814 (Cal. App. 2013):
Tello (1997) 15 Cal.4th 264, 266-267.) Here the conduct of defense counsel is subject to a satisfactory explanation, i.e., defense counsel knew the officer had knocked before entering, and thus, there was no basis to raise the issue. (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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