Can a defendant make out an ineffective assistance claim on the basis of the trial record?
California, United States of America
The following excerpt is from People v. Hoyt, 257 Cal.Rptr.3d 784, 456 P.3d 933, 8 Cal.5th 892 (Cal. 2020):
People v. Mai (2013) 57 Cal.4th 986, 1009, 161 Cal.Rptr.3d 1, 305 P.3d 1175.) To make out an ineffective assistance claim on the basis of the trial record, the defendant must show "(1) the record affirmatively discloses counsel had no rational tactical purpose for the challenged act or omission, (2)
[456 P.3d 986]
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