Does a defendant have the authority to raise an ineffective counsel claim?
California, United States of America
The following excerpt is from People v. Ibarra, E068742 (Cal. App. 2019):
However, defendant is correct that under Padilla v. Kentucky (2010) 559 U.S. 356, 364 (Padilla), a defendant may raise an ineffective counsel claim relating to counsel's failure to properly advise a client of immigration consequences. In Padilla, the United States Supreme Court held that an attorney's misadvice or failure to advise about the
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