Can a defendant bring a writ of error against counsel for ineffective assistance of counsel?

California, United States of America


The following excerpt is from People v. Brown, H044532 (Cal. App. 2017):

Defendant's contentions on appeal are not clearly spelled out. At the trial court he argued that he received ineffective assistance of counsel because counsel made material misrepresentations to him prior to the plea. In his supplemental brief he appears to renew the ineffective assistance of counsel claim by pointing to trial counsel's improper advisement regarding custody credits. Neither of these arguments entitle defendant to coram nobis relief. A claim of ineffective assistance of counsel, as the trial court correctly concluded, does not state a claim for relief on coram nobis. (People v. Kim, supra, 45 Cal.4th at p. 1104.) "Although an attorney has a constitutional duty at least not to affirmatively misadvise his or her client . . . [citation], any violation in this regard

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should be raised in a motion for a new trial or in a petition for a writ of habeas corpus." (Ibid.) When a litigant has some other remedy at law, such as a petition for habeas corpus, the writ of error coram nobis is unavailable. (Id. at pp. 1093-1094, citing People v. Adamson (1949) 34 Cal.2d 320, 327.) All of defendant's contentions about improper advisement raise claims of ineffective assistance of counsel, and, as such, are not properly raised by writ of error coram nobis.

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Can a defendant bring an ineffective assistance of counsel claim? (California, United States of America)
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