If Curtis loses a motion for writ of habeas corpus, can he continue to rely on the silent record of his trial counsel?
California, United States of America
The following excerpt is from People v. Curtis, D073868 (Cal. App. 2018):
4. An appellate court generally cannot fairly evaluate counsel's performance at trial based on a silent record. (People v. Mendoza Tello (1997) 15 Cal.4th 264, 266-267.) If Curtis believes his trial counsel was constitutionally ineffective, he can make that argument in a petition for writ of habeas corpus. (Ibid.)
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