Is ineffective assistance to counsel ineffective assistance of counsel?

California, United States of America


The following excerpt is from People v. Gbadebo-Soda, 38 Cal.App.4th 160, 45 Cal.Rptr.2d 40 (Cal. App. 1995):

Appellant asserts that because his counsel failed to raise venue or vicinage objections at trial, appellant received ineffective assistance of counsel. We disagree. In effect, appellant contends that every time venue or vicinage is arguably not met, counsel's failure to object is ineffective assistance per se. Such reasoning runs counter to the notion that venue and vicinage are nonfundamental and easily waivable rights. (See People v. Guzman, supra, 45 Cal.3d at pp. 935-936, 248 Cal.Rptr. 467, 755 P.2d 917.)

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