How do we review a motion for a new trial based on ineffective assistance of counsel?

California, United States of America


The following excerpt is from People v. Jacks, D074573 (Cal. App. 2019):

We employ a two-step process to review the denial of a motion for new trial based on purported ineffective assistance of counsel. (People v. Taylor (1984) 162 Cal.App.3d 720, 724-725.) We review the trial court's express or implied factual findings for substantial evidence, applying all presumptions in favor of the trial court's exercise of its power to judge witness credibility, resolve conflicts in testimony, weigh the evidence, and draw factual inferences. (Id. at p. 724.) We review de novo its determination

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