How can a judge appeal a conviction on the grounds of incompetence of counsel?
California, United States of America
The following excerpt is from People v. Heartsman, A135202 (Cal. App. 2015):
convictions on direct appeal on the ground of incompetence of counsel only if the record on appeal demonstrates there could be no rational tactical purpose for counsel's omissions." (People v. Lucas (1995) 12 Cal.4th 415, 442.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does Section 170.6, subdivision (2) of the Peremptory Challenge Act require counsel to disclose the identity of the assigned judge to counsel before counsel for the moving party learns that the assigning judge has been identified? (California, United States of America)
When will a court reverse a conviction on appeal on the grounds of incompetence of counsel? (California, United States of America)
Can a judge appeal a finding that appointed counsel fulfilled his obligation to counsel on appeal? (California, United States of America)
What grounds of appeal have been appealed against the sentence of a convicted drug dealer convicted of possession of a drug with intent to commit a sexual assault? (California, United States of America)
Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)
Is there any grounds of appeal for appeal against a motion of appeal brought by defendant in his personal injury case? (California, United States of America)
If counsel discovered that the burglary had been reduced to a misdemeanor, and lodged an objection below, would counsel have discovered that counsel had discovered that Counsel had discovered it was a misdemeanor? (California, United States of America)
Is a defendant entitled to the benefit of the Court of Appeal's Appeal of Appeal when they are not yet convicted? (California, United States of America)
Can a defendant appeal his conviction for assault against a judge who denied him a chance to appeal against his sentence? (California, United States of America)
Is a judge assigned to pass upon a disqualification notice required to counsel counsel of the assigned or agreed upon judge? (California, United States of America)
