Is a defense counsel required to anticipate all possible issues, no matter how unlikely?

California, United States of America


The following excerpt is from People v. Mendez, F063497 (Cal. App. 2013):

Mendez has not cited, and we could not locate, any authority for the proposition that defense counsel, or any attorney for that matter, is required to anticipate all possible issues, no matter how unlikely. Indeed, a criminal defendant is not entitled to a perfect trial, but merely a fair trial. (See, e.g., People v. Cunningham (2001) 25 Cal.4th 926, 1009, and the cases cited therein.) While in a perfect world trial counsel might have anticipated the jury's verdict, we conclude that when we apply an objective standard of reasonableness under prevailing professional norms, it is clear that defense counsel was not ineffective for failing to do so.

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