Is ineffective assistance of counsel ineffective when counsel fails to object to the issue?

California, United States of America


The following excerpt is from People v. Alvarez, F064349 (Cal. App. 2016):

Finally, appellant cannot establish ineffective assistance of counsel regarding his counsel's failure to object to this issue. To establish such a claim, appellant must first show that his counsel's performance was below an objective standard of reasonableness. (People v. Nguyen (2015) 61 Cal.4th 1015, 1051-1052.) However, unless there can be no conceivable reason for counsel's acts or omissions, ineffective assistance of counsel will not be found if the record does not establish counsel's trial tactics or strategic reasons for

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the challenged decision. (Ibid.) Moreover, an attorney is not deemed incompetent when he or she fails to lodge meritless objections. (People v. Lucero (2000) 23 Cal.4th 692, 732.)

Here, appellant's claim has no merit so an objection by defense counsel would have been unavailing. (People v. Lucero, supra, 23 Cal.4th at p. 732.) Accordingly, appellant's claim of ineffective assistance fails. (People v. Nguyen, supra, 61 Cal.4th at pp. 1051-1052.)

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