What is the test for ineffective counsel in a criminal case?
California, United States of America
The following excerpt is from People v. Phillips, C041762 (Cal. App. 11/19/2003), C041762. (Cal. App. 2003):
Because the prosecutor's argument was not misconduct, defense counsel was not ineffective for failing to object and seek a curative admonition. (People v. Constancio (1974) 42 Cal.App.3d 533, 546 ["It is not incumbent upon trial counsel to advance meritless arguments or to undertake useless procedural challenges merely to create a record impregnable to assault for claimed inadequacy of counsel"].)
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