Can a defense counsel be deemed incompetent for failing to make a meritless, time-consuming, nonproductive argument, objections or motions that have little or no merit?

California, United States of America

The following excerpt is from People v. Sahlolbei, E068099, E071306 (Cal. App. 2019):

Furthermore, because the endoscopy evidence was admissible and there were rational tactical reasons for defense counsel eliciting the evidence, defense counsel was under no obligation to make fruitless, time-consuming, nonproductive arguments, objections or motions that were of little or no merit. (People v. Anderson, supra, 25

Page 27
Cal.4th at p. 587.) Defense counsel cannot be deemed incompetent for failing to advance meritless arguments, objections or motions. (People v. Adams, supra, 216 Cal.App.3d at p. 1437.)

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