Does a claim that an attorney was ineffective for failing to request the proposed clarifying instructions must also fail?

California, United States of America

The following excerpt is from People v. Kuehl, G043551, Super. Ct. No. 09HF0538 (Cal. App. 2011):

Because we find the jury was properly instructed, defendant's claim that his attorney was ineffective for failing to request the proposed clarifying instructions must also fail. "If a defendant has failed to show that the challenged actions of counsel were prejudicial, a reviewing court may reject the claim on that ground without determining whether counsel's performance was deficient. [Citation.]" (People v. Kipp (1998) 18 Cal.4th 349, 366-367.)

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