Does failing to raise a meritless argument constitute ineffective assistance of counsel?
MultiRegion, United States of America
The following excerpt is from United States v. Harris, No. 2:12-cr-00326-MCE-KJN (E.D. Cal. 2020):
provide ineffective assistance by failing to make futile objections); Boag v. Raines, 769 F.2d 1341, 1344 (9th Cir. 1985) (failure to raise a meritless argument does not constitute ineffective assistance of counsel).
"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 failing to raise a meritless legal argument constitute ineffective assistance of counsel? (MultiRegion, United States of America)
What is the test for appellate counsel to fail to raise a meritless claim of ineffective assistance of counsel? (MultiRegion, United States of America)
If a defendant fails to raise their arguments in a jury trial for ineffective assistance of counsel, would that claim be successful in an evidentiary hearing? (MultiRegion, United States of America)
Is ineffective trial counsel ineffective for failing to raise a meritless objection? (MultiRegion, United States of America)
Are there any other claims of ineffective assistance of counsel barred because she failed to raise them on direct appeal? (MultiRegion, United States of America)
Does counsel's failure to oppose or challenge the sentencing court constitute ineffective assistance of counsel? (MultiRegion, United States of America)
Does counsel's failure to make a motion to exclude the evidence constitute ineffective assistance of counsel in violation of the Sixth Amendment? (MultiRegion, United States of America)
Does the failure to raise a meritless defense constitute ineffective assistance? (MultiRegion, United States of America)
Does failing to advise a client of the consequences of an illegal immigration conviction constitute ineffective assistance of counsel? (MultiRegion, United States of America)
In a motion to reopen, which is based on ineffective assistance of counsel, does the petitioner have to prove that his previous attorney was ineffective in any way? (MultiRegion, United States of America)
