Is there any case law where a defendant was denied the effective assistance of counsel by a defense attorney who advised against a probation recommendation to sentence him to prison?
California, United States of America
The following excerpt is from People v. I.J. (In re I.J.), A151668 (Cal. App. 2019):
I.J. relies on inapposite case law. In People v. Cropper (1979) 89 Cal.App.3d 716, an adult drug offender was denied the effective assistance of counsel by a defense attorney who not only failed to make any argument in support of his client at sentencing but advocated against him by agreeing with a probation recommendation to sentence him to prison. Nothing comparable happened here.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When will a probation report recommend that a defendant be denied probation and sentenced to two-and-a-half years in prison? (California, United States of America)
Does appellant have to prove that he was denied effective assistance of counsel by defense counsel's failure to preserve or preserve the issue of limiting the right of his mother to make educational decisions for him? (California, United States of America)
Is there any case law where a defendant was denied effective assistance of counsel because his trial counsel failed to communicate to him that a plea bargain offer under which he would have been permitted to plead guilty to voluntary manslaughter? (California, United States of America)
Is a defendant deprived of his constitutional right to effective assistance of counsel when a trial court denies his motion to substitute one appointed counsel for another? (California, United States of America)
In what circumstances will a defendant be denied effective assistance of counsel where his attorney is suspended for nonpayment of his fees? (California, United States of America)
Can a defendant argue on appeal that counsel's inaction at trial to alleged prosecutorial misconduct violated their constitutional right to effective assistance of counsel? (California, United States of America)
Is a defendant entitled to an ineffective assistance of counsel claim because his attorney failed to properly advise him of the consequences of his guilty plea? (California, United States of America)
Does the Attorney General have a valid case to argue that the only circumstances in aggravation listed in both the probation report and the sentencing memorandum submitted by the district attorney are the circumstances in which the sentence was imposed? (California, United States of America)
Does a Defendant's appointed attorney render ineffective assistance of counsel by failing to request an instruction on self-defense? (California, United States of America)
What is the test for denying a defendant's constitutional right to effective assistance of counsel? (California, United States of America)
