Does a Defendant's appointed attorney render ineffective assistance of counsel by failing to request an instruction on self-defense?

California, United States of America


The following excerpt is from People v. Chaney, E069979 (Cal. App. 2019):

Our conclusion that the trial court's failure to instruct on self-defense was harmless beyond a reasonable doubt leads ineluctably to the conclusion that defendant's appointed attorney did not render ineffective assistance of counsel by failing to request such an instruction. "Because the absence of such [a self-defense] instruction did not prejudice [her], defendant fails to make the necessary showing that, but for counsel's asserted deficiency, there is a reasonable probability that a determination more favorable to [her] would have resulted." (People v. Lewis, supra, 25 Cal.4th at p. 646.)

B. Substantial Evidence Does Not Support Defendant's Conviction for Misdemeanor Child Endangerment.

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