What is the test for a defense counsel to request an instruction of no confidence in a jury?

California, United States of America

The following excerpt is from People v. Harmon, B265455 (Cal. App. 2016):

It is probable that defense counsel determined that the instruction was not supported by substantial evidence and would be refused by the trial court. A reasonably competent attorney might well determine that a particular motion would be futile, and does not render ineffective assistance by not making it. (People v. Price (1991) 1 Cal.4th 324, 386-387.) In particular, counsel does not render ineffective assistance by failing to request factually and legally unsupported jury instructions. (People v. Szadziewicz (2008) 161 Cal.App.4th 823, 836.)

Page 10

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Can defense counsel argue that defense counsel failed to object to the foregoing procedure or request that written instructions be provided to the jury? (California, United States of America)

Can defense counsel request further instructions to instruct the jury that the absence of mitigation is not an aggravating factor? (California, United States of America)

When there is no substantial evidence to warrant a self-defense instruction, does McNeely's contention that counsel's failure to request the instruction constitute ineffective assistance of counsel? (California, United States of America)

Is a prosecutor's comment that defense counsel was seeking to "distract the jury from the evidence as an attack on counsel's integrity a fair response to defense counsel's remarks? (California, United States of America)

Does trial counsel shirk his constitutional responsibility to provide competent counsel by failing to ask the court to instruct on a bogus self-defense defense? (California, United States of America)

Does a jury have to consider whether a jury has been instructed to disregard an instruction from the Court of Appeal that is not supported by how the jury views the evidence? (California, United States of America)

How have the courts treated a defense counsel's request to give a jury a "clarifying instruction on what is not included in the ambit of the statutory prohibition on pyramid charts"? (California, United States of America)

Does a jury's finding on a felony-murder special-circumstance allegation based on erroneous instruction that a jury would not have convicted appellant of second degree murder if the jury had been given the same instruction? (California, United States of America)

Can a jury be misled by the unadorned instruction of the prosecutor and defense counsel that the jury has sole responsibility to determine whether death is appropriate in this case? (California, United States of America)

What is the difference between the written and oral versions of jury instructions in a jury trial and the written version of the instructions given to the jury? (California, United States of America)

What is the test for a defense counsel to request an instruction of no confidence in a jury?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources