Can a defendant claim ineffective assistance of counsel by virtue of counsel's failure to object?

California, United States of America


The following excerpt is from People v. Ocampo, C058621 (Cal. App. 8/11/2009), C058621. (Cal. App. 2009):

Defendant contends in the alternative he received ineffective assistance of counsel by virtue of counsel's failure to object. However, as we recently explained in People v. Mitchell (2008) 164 Cal.App.4th 442, a claim of ineffective assistance "has increasingly become the favored means by which appellate defense counsel's attempt to avoid any and all claims of forfeiture. In effect, if an issue was forfeited, then counsel's representation must have been deficient, and the issue must be considered anyway to determine if the ineffective assistance resulted in prejudice. However, that is not the applicable standard.

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