Does ineffective assistance of counsel rule against the application of forfeiture?
California, United States of America
The following excerpt is from People v. Perez, C078042 (Cal. App. 2016):
First, as the People contend, defense counsel agreed with the trial court's response to the jury's question, therefore the claim of error raised on appeal is not preserved. (See People v. Castaneda (2011) 51 Cal.4th 1292, 1352.) Counsel could rationally have thought the judge's response was adequate, therefore no ineffective assistance of counsel claim bypasses the application of forfeiture here.
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