Is a defendant entitled to a fair trial if his trial attorney objected to the alleged judicial misconduct or impeachment evidence?
California, United States of America
The following excerpt is from People v. Gutierrez, A150976 (Cal. App. 2019):
The law is clear that "a criminal defendant is entitled to a fair trial, not a perfect one." (People v. Sixto (1993) 17 Cal.App.4th 374, 393.) Defendant's claims of ineffective assistance of counsel are rejected given the lack of any reasonable probability that he would have achieved a more favorable result had his trial attorney objected to the alleged judicial misconduct or impeachment evidence.
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