How have courts treated ineffective assistance claims against counsel who failed to call a witness?

MultiRegion, United States of America

The following excerpt is from Garcia v. Clark, No. CIV S-10-0968 GEB DAD P (E.D. Cal. 2011):

373 (9th Cir. 1997) (same); United States v. Harden, 846 F.2d 1229, 1231-32 (9th Cir. 1988) (no ineffective assistance because of counsel's failure to call a witness where, among other things, there was no evidence in the record that the witness would testify); United States v. Berry, 814 F.2d 1406, 1409 (9th Cir. 1987) (appellant failed to meet prejudice prong of ineffectiveness claim because he offered no indication of what potential witnesses would have testified to or how their testimony might have changed the outcome of the hearing).

Other Questions


How have courts treated claims of ineffective assistance of counsel? (MultiRegion, United States of America)
What is the test for appellate counsel to fail to raise a meritless claim of ineffective assistance of counsel? (MultiRegion, United States of America)
Does the federal court have jurisdiction to hear the merits of a claim of ineffective assistance of counsel for failure to call alibi witnesses? (MultiRegion, United States of America)
What is the test for an ineffective assistance of counsel claim where a defense attorney makes a reasonable tactical decision not to call any witnesses? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
How have courts reviewed ineffective assistance of counsel claims? (MultiRegion, United States of America)
What is the test for a state court to reject a prisoner's claim of ineffective assistance of counsel? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
Is ineffective assistance an ineffective assistance claim? (MultiRegion, United States of America)
Does a state appellate court find ineffective trial counsel ineffective by failing to object when the prosecutor asked eyewitnesses whether they had been intimidated by a couple of Vietnamese men? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.