What is the test for an ineffective assistance of counsel claim?
California, United States of America
The following excerpt is from People v. LEON, B219153, No. PA064417 (Cal. App. 2011):
Moreover, even if appellant's trial counsel should have requested such a pinpoint instruction, as appellant argues, the error was harmless, and appellant cannot show he received ineffective assistance of counsel. (People v. Fiu (2008) 165 Cal.App.4th 360, 378, citing Strickland v. Washington (1984) 466 U.S. 668, 687, 694 [prejudice element of ineffective assistance of counsel claim].) The scant evidence of provocation does not
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Other Questions
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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)
Is ineffective assistance the burden of proving ineffective assistance of counsel? (California, United States of America)
What is the effect of ineffective assistance on the ineffective assistance claim? (California, United States of America)
Is ineffective assistance of counsel ineffective assistance on appeal? (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)
