Is a public defender ineffective for failing to move to dismiss a criminal case on speedy trial grounds?
California, United States of America
The following excerpt is from People v. Nunez, G054518 (Cal. App. 2018):
7. Appellant also claims his attorneys were ineffective for failing to move to dismiss his case on speedy trial grounds. The claim is based on the belief there was a systemic breakdown in the public defender's office, warranting dismissal. In light of our finding there was no such breakdown, the claim necessarily fails. (See People v. Thompson (2010) 49 Cal.4th 79, 122 [counsel does not render ineffective assistance by failing to make futile motions].)
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