Does ineffective assistance of counsel have to be appealed on appeal?

California, United States of America


The following excerpt is from People v. Hardy, E060456 (Cal. App. 2014):

other than what the trial court could have observed during trial, and the court acted within its discretion in concluding the claim should be litigated in a habeas corpus proceeding." (Id. at p. 101.) Defendant here can file a habeas petition raising these claims. (See People v. Carrasco (2014) 59 Cal.4th 924, 980-981 [claims that could have been raised on appeal but were not does not bar an ineffective assistance of counsel claim on habeas corpus].) This remedy is more appropriate than remand.

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