Can a defendant bring a claim of ineffective counsel in a verified petition for habeas corpus?

California, United States of America


The following excerpt is from People v. Walker, F056177 (Cal. App. 2/11/2010), F056177. (Cal. App. 2010):

Claims of ineffective trial counsel are more appropriately litigated in a habeas corpus proceeding. Where, as here, the record does not show why defense counsel failed to act in the way defendant claims he should have, we must reject an ineffective counsel claim based only on the record on appeal. (See People v. Mendoza Tello (1997) 15 Cal.4th 264, 266-267.) A verified petition for habeas corpus allows a defendant to allege facts outside the appellate record to show that counsel's failure to object was not justified by a tactical choice or other legitimate reason, and thus might constitute ineffectiveness. (See People v. Michaels (2002) 28 Cal.4th 486, 526; People v. Anderson (2001) 25 Cal.4th 543, 569.)

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