What is the legal test for making an unmeritorious motion to exclude from a petition?
California, United States of America
The following excerpt is from People v. Lopez, B266011 (Cal. App. 2017):
As we have just explained, Proposition 47's definition of risk does not apply to Proposition 36 petitions. A defense counsel is not required to make unmeritorious arguments on a defendant's behalf. (See People v. Ochoa (1998) 19 Cal.4th 353, 432 [counsel is not deficient for failing to make a meritless motion to exclude].) Clearly, there is no reasonable probability of a different outcome if counsel makes such an unmeritorious argument. Defendant's claim fails.
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