Can counsel be held liable for failing to provide the jury with relevant and inapplicable jury instructions in a motor vehicle case?

Defendant contends his counsel provided ineffective assistance by failing to request relevant jury instructions and only perfunctorily objecting to other jury instructions regarding his state of mind. As we discuss at more length below, the evidence did not support instructing the jury on theories of voluntary manslaughter, involuntary manslaughter, or excusable homicide. Counsel cannot be faulted for failing to request an inapplicable instruction. (See People v. Lam (2010) 184 Cal.App.4th 580, 583.)

(f) Failure to conduct cross-examination of defendant's state of mind