If we find forfeiture as to the jury instruction issue or the claim of prosecutorial misconduct then if we find that defendant received ineffective assistance of counsel, is he entitled to forfeiture?

California, United States of America


The following excerpt is from People v. Milian, D078396 (Cal. App. 2021):

Milian contends that if we find forfeiture as to the jury instruction issue or the claim of prosecutorial misconduct then he received ineffective assistance of counsel. To establish ineffective assistance of counsel, a defendant must "demonstrate (1) counsel's performance was deficient in that it fell below an objective standard of reasonableness under prevailing professional norms, and (2) counsel's deficient representation prejudiced the defendant, i.e., there is a 'reasonable probability' that, but for counsel's failings, defendant would have obtained a more favorable result." (People v. Dennis (1998) 17 Cal.4th 468, 540-541; see Strickland v. Washington (1984) 466 U.S. 668, 687.)

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