How has the Attorney General preserved the issue of equal protection of the law?

California, United States of America


The following excerpt is from People v. Landau, 201 Cal.Rptr.3d 684, 246 Cal.App.4th 850 (Cal. App. 2016):

Appellant contends he was denied equal protection of the law when the trial court required him to testify as a witness for the district attorney. The Attorney General argues the issue was not preserved because the issue was not raised below. Anticipating that response, appellant's opening brief asserts that if the issue was not preserved, then he received ineffective assistance from counsel. His contention that counsel could have no tactical reason for failing to object on equal protection grounds has merit. Appellant's counsel clearly attempted to prevent the district attorney from calling appellant as a witness, but she failed to object on equal protection grounds. Notwithstanding counsel's failure to raise the equal protection issue below, we will address the equal protection issue to foreclose an ineffective assistance of counsel claim. (People v. Curlee (2015) 237 Cal.App.4th 709, 715716, 188 Cal.Rptr.3d 421.)

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