Can a defendant seek to set aside a plea based upon ineffective assistance of counsel?

California, United States of America


The following excerpt is from People v. Cravens, C086134 (Cal. App. 2019):

(People v. Breslin (2012) 205 Cal.App.4th 1409, 1418-1419 [defendant seeking to set aside plea based upon ineffective assistance of counsel must establish prejudice].)

Other Questions


Is a defendant's ineffective assistance of counsel based on counsel's failure to object to the prosecutor's characterization of the burden of proof? (California, United States of America)
Is ineffective assistance ineffective assistance based on a trial counsel's failure to object to a restitution order? (California, United States of America)
Is ineffective assistance to counsel ineffective assistance of counsel? (California, United States of America)
Can a defendant succeed on a claim of ineffective assistance of counsel based specifically on counsel's failure to move for severance? (California, United States of America)
Can a defendant seek to set aside a plea based upon ineffective assistance of counsel? (California, United States of America)
What is the record of the appellant's appeal against a finding that counsel provided ineffective assistance and ineffective assistance to counsel? (California, United States of America)
If a defendant makes a motion for a continuance of trial on grounds of ineffective assistance of counsel at trial, is it appropriate to appoint a new counsel to prepare the motion? (California, United States of America)
Is ineffective assistance of counsel ineffective assistance on appeal? (California, United States of America)
Is a defendant's claim that his trial counsel's failure to object or request a limiting instruction was ineffective assistance of counsel? (California, United States of America)
Can a defendant argue that trial counsel's failure to object to the prosecutor's remarks amounted to ineffective assistance of counsel in a habeas corpus proceeding? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.