Can a judge grant ineffective assistance of counsel relief?

MultiRegion, United States of America

The following excerpt is from Richie v. Baldwin, 133 F.3d 928 (9th Cir. 1998):

Here, petitioner did exhaust his state court remedies on his ineffective assistance of counsel claims regarding his trial counsel's failure to discuss waiver of a jury trial and failure to object to the trial court's imposition of the restitution order. The district court did not abuse its discretion by denying habeas relief on these claims without an evidentiary hearing. Neither claim demonstrates that the attorney's performance fell below an objective standard of reasonableness or prejudiced petitioner's defense. See Strickland v. Washington, 466 U.S. 668, 687 (1984).

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