Does the issue of whether defense counsel rendered ineffective assistance in failing to object on Massiah grounds?

California, United States of America


The following excerpt is from People v. Smith, B282228 (Cal. App. 2018):

Smith asks that if the issue is deemed forfeited, we nevertheless determine whether defense counsel rendered ineffective assistance in failing to object on Massiah grounds. To prevail on a claim of ineffective assistance of counsel, a defendant must not only show deficient performance by counsel, but also resulting prejudice. (Strickland v. Washington (1984) 466 U.S. 668, 687.) Prejudice is shown by "a reasonable probability that, but for counsel's unprofessional errors, the result of the

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