California, United States of America
The following excerpt is from People v. Zeledon, H038366 (Cal. App. 2015):
"Furthermore, and particularly in light of the motion in limine brought for the specific purpose of excluding this evidence, it cannot be said that the failure to claim the privilege was a tactical decision on the part of counsel. That being the case, and unlike the situation in Edwards v. Lamarque (2007) 475 F.3d 1121, in which the court held that counsel's failure to assert the privilege did constitute a waiver, the failure to assert the privilege in this case constituted ineffective assistance of counsel."
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