Does Counsel's failure to file a pre-plea recusal motion constitute ineffective assistance of counsel?

California, United States of America


The following excerpt is from People v. Mercado, H045155 (Cal. App. 2019):

For the reasons discussed above in connection with the post-plea recusal motion, a pre-plea recusal motion would have been futile. Therefore, counsel's failure to file such a motion cannot constitute ineffective assistance of counsel. (People v. Price (1991) 1 Cal.4th 324, 387, superseded by statute on other grounds as stated in People v. Hinks (1997) 58 Cal.App.4th 1157, 1161-1165 ["Counsel does not render ineffective assistance by failing to make motions or objections that counsel reasonably determines would be futile"].)

3. Counsel's Knowledge of and Advice Regarding a Potential Defense

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