What is the current state of the law on ineffectiveness claims?

California, United States of America


The following excerpt is from People v. Lozano, B262337 (Cal. App. 2016):

"[A] court need not determine whether counsel's performance was deficient before examining the prejudice suffered by the defendant as a result of the alleged deficiencies." (Strickland v. Washington (1984) 466 U.S. 668, 697.) "If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, . . . that course should be followed." (Ibid.)

"'As a general matter, the "[a]pplication of the ordinary rules of evidence . . . does not impermissibly infringe on a defendant's right to present a defense." [Citations.]' (People v. Fudge (1994) 7 Cal.4th 1075, 1102-1103.)" (People v. McNeal (2009) 46 Cal.4th 1183, 1203.) When "the trial court merely reject[s] some evidence concerning a defense, and [does] not preclude defendant from presenting a defense, any error is one of state law." (Ibid.)

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