In a motion to appeal against a finding of insufficient representation by trial counsel, in what circumstances will the Court consider the merits of appellant's appellate argument?
California, United States of America
The following excerpt is from People v. Raya, B165102 (Cal. App. 11/5/2003), B165102. (Cal. App. 2003):
Nevertheless, in order to forestall a later claim of inadequate representation by trial counsel we shall consider the merits of appellant's appellate argument. (See People v. Mattson (1990) 50 Cal.3d 826, 854.)
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