What is the test for a claim of ineffective assistance against counsel who failed to object at trial?

California, United States of America


The following excerpt is from People v. Robinson, C055313 (Cal. App. 5/28/2009), C055313 (Cal. App. 2009):

As we explained recently in People v. Mitchell (2008) 164 Cal.App.4th 442, at page 467: "`[T]he mere failure to object rarely rises to a level implicating one's constitutional right to effective legal counsel.' [Citation.] If, as here, the record fails to show why counsel failed to object, the claim of ineffective assistance must be rejected on appeal unless counsel was asked for an explanation and failed to provide one or there can be no satisfactory explanation. [Citation.] `A reviewing court will not second-guess trial counsel's reasonable tactical decisions.' [Citation.]"

Other Questions


Is there any case law where a defendant's claim that his counsel provided ineffective assistance by failing to object to the prosecutor's statements concerning his right to assert self-defense fails? (California, United States of America)
Is ineffective assistance of counsel ineffective when counsel fails to object to the issue? (California, United States of America)
Is ineffective assistance ineffective assistance based on a trial counsel's failure to object to a restitution order? (California, United States of America)
Is a defendant's failure to object on appeal cognizable because the issue is not cognizable on appeal because trial counsel rendered ineffective assistance by failing to object? (California, United States of America)
Is ineffective assistance of counsel ineffective on the grounds that the trial attorney failed to object to the insufficiency of admonitions? (California, United States of America)
Does a motion for a new trial on ineffective assistance of counsel fail to address the issue of ineffective assistance? (California, United States of America)
What is the test for a defendant to succeed in a claim of ineffective assistance of counsel for failing to object at trial to alleged prosecutorial misconduct? (California, United States of America)
Is a defendant's claim that his trial counsel's failure to object or request a limiting instruction was ineffective assistance of counsel? (California, United States of America)
Can a defendant who failed to object at trial to the allegation of prosecutorial misconduct in a criminal case bring a claim of ineffective assistance of counsel on appeal? (California, United States of America)
Does a defendant have any grounds to claim ineffective assistance of counsel as a result of his trial counsel's failure to object to the prosecutor's statements? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.