If a defendant's claim that defense counsel negligent in failing to request an other-crimes limiting instruction under CALJIC No.50 fails, what are the consequences?

California, United States of America

The following excerpt is from People v. Padilla, 11 Cal.4th 891, 47 Cal.Rptr.2d 426, 906 P.2d 388 (Cal. 1995):

For closely similar reasons, defendant's alternate claim that defense counsel himself was negligent in failing to request an other-crimes limiting [11 Cal.4th 951] instruction under CALJIC No. 2.50 also fails. As in People v. Bunyard, supra, 45 Cal.3d 1189, 249 Cal.Rptr. 71, 756 P.2d 795, here also the possibility that such an instruction, had it been requested and given, would have led to a

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2. Claims of ineffective assistance of counsel at the penalty phase.

a. Failure effectively to present "lingering doubt" defense.

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If a defendant's claim that defense counsel negligent in failing to request an other-crimes limiting instruction under CALJIC No.50 fails, what are the consequences?

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