Does counsel render ineffective assistance by failing to interpose an objection that would be properly overruled?
California, United States of America
The following excerpt is from People v. Franco, E069473 (Cal. App. 2019):
jacket irrelevant. As noted above, counsel does not render ineffective assistance by failing to take actions that would be futile, such as failing to interpose an objection that would be properly overruled. (See People v. Price, supra, 1 Cal.4th at p. 387.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does counsel render ineffective assistance by failing to make motions or objections that counsel reasonably determines would be futile? (California, United States of America)
Is a defendant's failure to object on appeal cognizable because the issue is not cognizable on appeal because trial counsel rendered ineffective assistance by failing to object? (California, United States of America)
Is ineffective assistance of counsel ineffective when counsel fails to object to the issue? (California, United States of America)
Is ineffective assistance ineffective assistance based on a trial counsel's failure to object to a restitution order? (California, United States of America)
Does a defense counsel's failure to interpose an objection to a misstatement of the law constitute ineffective assistance of counsel? (California, United States of America)
If counsel discovered that the burglary had been reduced to a misdemeanor, and lodged an objection below, would counsel have discovered that counsel had discovered that Counsel had discovered it was a misdemeanor? (California, United States of America)
Does a defense counsel provide ineffective assistance by failing to object to an instruction given by counsel? (California, United States of America)
Is ineffective assistance of counsel ineffective on the grounds that the trial attorney failed to object to the insufficiency of admonitions? (California, United States of America)
Is ineffective assistance of counsel ineffective when a defense attorney fails to raise a meritless objection? (California, United States of America)
What is the record of the appellant's appeal against a finding that counsel provided ineffective assistance and ineffective assistance to counsel? (California, United States of America)
