Does a defendant have ineffective assistance of counsel?

California, United States of America


The following excerpt is from People v. Golden, C077539 (Cal. App. 2015):

Construing these claims as allegations of ineffective assistance of counsel, we find no support for them in the record. Since defendant's ineffective assistance claims rely on matters outside the record, his claim is better decided in a habeas corpus proceeding than on appeal. (People v. Michaels (2002) 28 Cal.4th 486, 526.) We therefore decline to reach the merits of his claims.

Other Questions


Is ineffective assistance to counsel 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)
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)
Does a defendant have to prove that his trial counsel's stipulation to vacate the court's ruling amounted to ineffective assistance of 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 ineffective assistance the burden of proving ineffective assistance of counsel? (California, United States of America)
Does a motion for a new trial on ineffective assistance of counsel fail to address the issue of ineffective assistance? (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)
Can a defendant bring a claim for ineffective assistance of counsel against counsel who failed to follow up with follow-up questions? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.