Does a defendant have a claim of ineffective assistance of counsel for failing to challenge the jurors for cause or exclude them peremptorily?

California, United States of America


The following excerpt is from People v. Staten, 101 Cal.Rptr.2d 213, 11 P.3d 968, 24 Cal.4th 434 (Cal. 2000):

Defendant further asserts a claim of ineffective assistance of counsel, based on trial counsel's failure to challenge the jurors for cause or exclude them peremptorily. The claim falls; defendant has not shown that counsel was ineffective in failing to challenge the jurors for cause, because there was no valid basis for such a challenge. Moreover, he has not shown that there could be no reasonable tactical basis for counsel's decision not to use his peremptory challenges to excuse these jurors. Nor, in light of his failure to exhaust his peremptory challenges, was defendant prejudiced by the failure to excuse the jurors for cause. (People v. Lucas, supra, 12 Cal.4th at p. 481, 48 Cal.Rptr.2d 525, 907 P.2d 373.)

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