Does counsel's failure to oppose or challenge the sentencing court constitute ineffective assistance of counsel?
MultiRegion, United States of America
The following excerpt is from House v. Gipson, Case No. 1:11-cv-00687-SKO-HC (E.D. Cal. 2014):
sentencing court, counsel's failure to object or challenge the sentencing court was not ineffective assistance. The failure to make a motion or assert an objection which would not have been successful does not constitute ineffective assistance of counsel. James v. Borg, 24 F.3d 20, 27 (9th Cir. 1994).
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