If appellant fails to object on the grounds that his counsel's assistance was ineffective, can the equal protection and due process issues be forfeited?

California, United States of America


The following excerpt is from State Dep't of State Hosps. v. J.W., F081171 (Cal. App. 2021):

Appellant argues that even if the equal protection and due process issues have been forfeited due to his failure to object, we should reverse on the ground that his counsel's assistance was ineffective. We disagree because appellant has not met the difficult requirements of demonstrating ineffective assistance of counsel. "In order to establish a claim for ineffective assistance of counsel, a defendant must show that his or her counsel's performance was deficient and that the defendant suffered prejudice as a result of such deficient performance. [Citation.] To demonstrate deficient performance, defendant bears the burden of showing that counsel's performance ' " ' "fell below an objective standard of reasonableness ... under prevailing professional norms." ' " ' [Citation.] To demonstrate prejudice, defendant bears the burden of showing a reasonable probability that, but for counsel's deficient performance, the outcome of the proceedings would have been different." (People v. Mickel, supra, 2 Cal.5th at p. 198.) Additionally, the record must demonstrate affirmatively that counsel's omissions were not based on a rational tactical decision, such as a reasonable assumption that such objections would be overruled or that any deficiency might easily be cured. (See People

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