Is the trial counsel ineffective for failing to move for a judgment of acquittal at the close of the prosecution's case-in-chief?

MultiRegion, United States of America

The following excerpt is from U.S. v. Brackenridge, 590 F.2d 810 (9th Cir. 1979):

Appellant also contends that her trial counsel was ineffective for failing to move for a judgment of acquittal at the close of the prosecution's case-in-chief because no evidence had been introduced to link appellant to the National City address in the withdrawal letters. The jurors could reasonably have found appellant guilty without knowing that the address had some special connection to her. A motion for judgment of acquittal therefore would have been denied, and it was neither unreasonable nor prejudicial for counsel not to make such a fruitless motion. Cooper v. Fitzharris, 586 F.2d 1325 (9th Cir. 1978).

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