Does counsel need to press habeas corpus claims requested by their client?

California, United States of America


The following excerpt is from In re Barnett, 3 Cal.Rptr.3d 108, 31 Cal.4th 466, 73 P.3d 1106 (Cal. 2003):

8. Of course, counsel need not press habeas corpus claims requested by their inmate clients, even those that might be considered nonfrivolous, if counsel, as a matter of professional judgment, decide not to present those claims. (See generally Jones v. Barnes (1983) 463 U.S. 745, 751, 103 S.Ct. 3308, 77 L.Ed.2d 987.) We hereby disapprove of Cathey, supra, 55 Cal.2d 679, 12 Cal.Rptr. 762, 361 P.2d 426, to the extent it suggests we will file or consider pro se applications or briefs if counsel merely offers the pro se documents for filing on the inmate's behalf.

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