Does a claim of ineffective assistance in a habeas corpus proceeding need to be considered in a separate proceeding rather than on appeal?
California, United States of America
The following excerpt is from People v. Quiroz-Muniz, G058063 (Cal. App. 2020):
8. "'All other claims of ineffective assistance are more appropriately resolved in a habeas corpus proceeding.'" (Hoyt, supra, 8 Cal.5th at p. 958; see People v. Mayfield (1993) 5 Cal.4th 142, 188 ["tactical choices presented to us on a silent record . . . are better evaluated by way of a petition for writ of habeas corpus, and on direct appeal we reject them"].)
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