Is counsel deficient in failing to bring a motion for a mistrial?
California, United States of America
The following excerpt is from People v. Nguyen, C063440, Super. Ct. No. 08F06969 (Cal. App. 2011):
Since a defense motion for a mistrial would not have succeeded, counsel was not deficient in failing to make the motion. "Counsel may not be criticized for failing to bring a motion that would have been futile." (People v. Lewis (1990) 50 Cal.3d 262, 289.)
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