Does the fact that defense counsel did not request an instruction for which there is no substantial evidence that the instruction is deficient or futile?
California, United States of America
The following excerpt is from People v. Shepherd, F073881 (Cal. App. 2018):
Therefore, the fact that defense counsel did not request the instruction did not make his performance deficient. Counsel is not required to make futile requests for instructions for which there is no substantial evidence. (See People v. Anderson (2001) 25 Cal.4th 543, 587 [defense counsel not required to make futile objections].)
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