Which motion? Is it the one about how they won't be able to visit her if they are videotaped? I guess that could result in ineffective assistance of counsel. But IAC is more of an appeal issue than a mistrial issue.
HI AZLawyer. I agree and posted something similar on another thread. but then in reading the article more critically, I thought perhaps they were making reference to this:
http://libertyinternational.wordpre...-claim-for-ineffective-assistance-of-counsel/
A. Pre-Trial Ineffective Assistance of Counsel Claims
If the defendant claims before trial that counsel is rendering ineffective assistance of counsel, the trial court must, before trial, conduct an inquiry sufficient to determine the truth and scope of the defendants allegations. On post-conviction review, if no pretrial findings were made, the government must prove by clear and convincing evidence that the defendant was accorded representation at trial by counsel who was prepared within the requisite range of competence.
Under Strickland, a defendant claiming ineffective assistance of counsel must demonstrate both that his attorneys performance fell below an objective standard of reasonable professional conduct and that the deficient performance resulted in prejudice to the defendant.
In cases where the trial judge erred by denying a request for substitute counsel, the Ninth Circuit has reported that the federal courts are nearly unanimous in their holding that an irreconcilable conflict between a defendant and his attorney that leads to a breakdown in communications can prevent an attorney from serving as the type of advocate guaranteed by the Sixth Amendment, as interpreted in such cases as Anders v. California, 386 U.S. 738, 18 L.Ed.2d 493, 87 S.Ct. 1396 (1967), and United States v. Cronic, 466 U.S. 648, 80 L.Ed.2d 657, 140 S.Ct. 2039 (1984). See, Plumlee v. Del Papa, 426. F.3d 1095, 1103 (9th Cir. 2005).
In cases which counsel entirely fails to subject the prosecutions case to meaningful adversarial testing, ineffectiveness will be presumed under Cronic.
Counsels failure to file a motion to suppress evidence can provide the basis for a claim of ineffectiveness, but in order to show prejudice the defendant must show that he would have prevailed on the suppression motion, and that there is a reasonable probability that the successful motion would have affected the outcome. Van Iran v. Lindsey, 212 F.3d 1143, 1145 (9th Cir. 2000).
If the defendant claims that counsel is rendering ineffective counsel before or during trial, then a motion to dismiss or motion for mistrial should be filed. Counsel failures result in waivers of issues for appeal and may prejudice the defendant.
So I don't think we should worry about it (yet).
