Is defense counsel's failure to object to the Logan evidence deficient?

California, United States of America


The following excerpt is from People v. Sandoval, H034186 (Cal. App. 2011):

We need not consider whether defense counsel's failure to object to the Logan evidence was deficient, because defendant cannot establish but for his counsel's conduct the result of the proceeding would have been different. (Strickland v. Washington, supra, 466 U.S. at p. 694.) Because the Logan evidence was relevant to issues in this case, had defendant's attorney objected under Evidence Code section 352, the objection would very likely have been overruled. Defendant has not established that he was denied effective assistance of counsel with regard to the Logan evidence.

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