What is the burden of proving that counsel deliberately failed to object to a motion of motion?

California, United States of America


The following excerpt is from People v. Donovan, F078247 (Cal. App. 2020):

affirmatively demonstrate "that counsel had '"'no rational tactical purpose'"' for [the] ... omission." (People v. Mickel, supra, 2 Cal.5th at p. 198.) This conclusion forecloses defendant's claim on direct appeal. Moreover, although defendant acknowledges he bears the burden of demonstrating prejudice on appeal and he advances a bare claim of prejudice, he makes no showing that counsel's failure to object resulted in prejudice in this case. As such, defendant satisfies neither prong of the inquiry.

Other Questions


What is the test for failing to provide a reasonable probability that defendant would have obtained a more favourable result if counsel had failed to provide counsel with reasonable counsel? (California, United States of America)
Is there a defense counsel who failed to object to the asserted error by failing to object? (California, United States of America)
In a motion to dismiss count 4 pursuant to section 1387, does defendant have to prove that defense counsel was ineffective for failing to file the motion? (California, United States of America)
What is the burden of proving ineffective assistance of trial counsel by failing to interpose an objection during the prosecutor's closing argument? (California, United States of America)
In a motion for a new trial, how have the courts treated defense counsel's claims of failing to object based on marital privilege and failing to request an Evidence Code hearing? (California, United States of America)
What are the consequences of counsel failing to give counsel a reason for their failure to comply with a motion of motion? (California, United States of America)
In what circumstances will the court require a defense counsel to object to a motion where the trial atmosphere was poisonous, and the defense counsel did not object at all? (California, United States of America)
If counsel discovered that the burglary had been reduced to a misdemeanor, and lodged an objection below, would counsel have discovered that counsel had discovered that Counsel had discovered it was a misdemeanor? (California, United States of America)
Does counsel render ineffective assistance by failing to make motions or objections that counsel reasonably determines would be futile? (California, United States of America)
Does a defense counsel provide ineffective assistance by failing to object to an instruction given by counsel? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.