How have courts dealt with the issue of ineffectual counsel at a Miranda hearing?

California, United States of America


The following excerpt is from People v. Mejia, G056473 (Cal. App. 2019):

Appellant frames this argument in terms of prosecutorial misconduct, claiming the prosecutor engaged in a deceptive ploy by not playing the entire interview recording at the Miranda hearing. However, defense counsel not only failed to object to this procedure, he expressly endorsed it. Under these circumstances, appellant forfeited his right to challenge the prosecutor's actions. (People v. Hill (1998) 17 Cal.4th 800,

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820.) Nevertheless, we will consider appellant's Miranda claim on the merits because he contends his attorney was ineffective for not insisting that the entire recording be played for the court. (People v. Williams (2000) 78 Cal.App.4th 1118, 1126 [addressing waived issue "to forestall a petition for writ of habeas corpus based on a claim of ineffectual counsel"].)

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