What is the test for appellate counsel to fail to raise a meritless claim of ineffective assistance of counsel?

MultiRegion, United States of America

The following excerpt is from Gutierrez v. Kernan, Case No.: 17-cv-00438-MMA-MDD (S.D. Cal. 2018):

"[T]o determine whether appellate counsel's failure to raise these claims was objectively unreasonable and prejudicial, we must first assess the merits of the underlying claims that trial counsel provided constitutionally deficient representation." Moormann v. Ryan, 628 F.3d 1102, 1106-1107 (9th Cir. 2010). "If trial counsel's performance was not objectively unreasonable or did not prejudice [Petitioner], then appellate counsel did not act unreasonably in failing to raise a meritless claim of ineffective assistance of counsel, and [Petitioner] was not prejudiced by appellate counsel's omission." Moormann,

Page 34

628 F.3d at 1107.

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