Does a defense counsel have ineffective assistance by declining to raise meritless objections?
California, United States of America
The following excerpt is from People v. Villafan, F062841, F062842 (Cal. App. 2012):
"Defense counsel does not render ineffective assistance by declining to raise meritless objections." (People v. Ochoa (2011) 191 Cal.App.4th 664, 674, fn. 8.) If defense counsel had raised a collateral estoppel objection it would have been denied. Consequently, appellant did not establish either deficient performance or prejudice and the ineffective assistance claim fails.
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