Does Defendant have to provide a compelling argument that there could be no satisfactory explanation for trial counsel's failure to request admonitions?
California, United States of America
The following excerpt is from People v. Ross, B263980 (Cal. App. 2017):
Regardless, defendant has made no effort to demonstrate that there could be no satisfactory explanation for trial counsel's failure to request admonitions. Indeed, he has included no discussion of that issue. Defendant has thus failed to demonstrate that no reasonably competent attorney would have failed to request admonitions, and his claim of ineffective assistance of counsel must be rejected. (See People v. Gamache, supra, 48 Cal.4th at p. 391.)
"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
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
Is a defendant's claim that his trial counsel's failure to object or request a limiting instruction was ineffective assistance of counsel? (California, United States of America)
What is the test for failing to provide a reasonable probability that defendant would have obtained a more favourable result if counsel had failed to provide counsel with reasonable counsel? (California, United States of America)
Is there any case law where a trial counsel's argument to the jury that a lack of tactical purpose or satisfactory explanation for defense counsel's omission was a tactical error? (California, United States of America)
Is there any case law where a defendant has been successful in challenging the findings of a jury trial counsel who failed to provide a satisfactory explanation to the jury? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Does a trial counsel's failure to argue that a juvenile court could retain jurisdiction if defendant waived the age restriction constitute deficient performance or prejudice? (California, United States of America)
Can a defendant argue that trial counsel's failure to object to the prosecutor's remarks amounted to ineffective assistance of counsel in a habeas corpus proceeding? (California, United States of America)
Is a defendant's right to effective assistance of counsel violated by trial counsel's failure to challenge his prior strike? (California, United States of America)
Can a defendant argue that counsel's failure to object to the prosecutor's argument violated his right to effective assistance of counsel? (California, United States of America)
