California, United States of America
The following excerpt is from People v. Thompson, C058768 (Cal. App. 12/14/2009), C058768 (Cal. App. 2009):
Defendant further argues that, to the extent trial counsel's failure to object forfeited the issue on appeal, he received ineffective assistance of counsel. However, as we recently explained in People v. Mitchell (2008) 164 Cal.App.4th 442, a claim of ineffective assistance "has increasingly become the favored means by which appellate defense counsel attempt to avoid any and all claims of forfeiture. In effect, if an issue is forfeited, then counsel's representation must have been deficient, and the issue must be considered anyway to determine if the ineffective assistance resulted in prejudice. However, that is not the applicable standard.
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