Is a defendant's trial counsel ineffective for failing to request a factually and legally unsupported instruction?
California, United States of America
The following excerpt is from People v. Negrete, B265670 (Cal. App. 2017):
It follows that defendants' trial counsel was not ineffective for failing to request such an instruction. (People v. Szadziewicz (2008) 161 Cal.App.4th 823, 836 [failure to request a factually and legally unsupported instruction is not ineffective assistance of counsel].)
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