California, United States of America
The following excerpt is from People v. Afzal, C075751 (Cal. App. 2017):
Because there was evidence supporting defendant's theory at trial and no evidence supports a defense based on a mental illness diagnosis, defendant fails to demonstrate his trial counsel's representation was deficient. (People v. Jackson (1980) 28 Cal.3d 264, 290, disapproved on other grounds in People v. Cromer (2001) 24 Cal.4th 889, 901, fn. 3.) Moreover, defendant fails to demonstrate a reasonable probability that, but for his trial counsel's decision not to pursue a defense based on mental illness, defendant would have obtained a more favorable result because, as we have stated, no evidence in the record shows defendant was diagnosed with a mental illness or disorder.
(B) Not bringing an in limine motion and not objecting to evidence
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