In what circumstances will a defendant bring a claim of ineffective assistance of counsel based on the failure to object on appeal?

California, United States of America


The following excerpt is from People v. Bryant, C061735 (Cal. App. 12/21/2009), C061735. (Cal. App. 2009):

In this instance, a claim of ineffective assistance of counsel based on the failure to object is more effectively raised in a petition for a writ of habeas corpus than on direct appeal because in support of such a petition the defendant is not limited to the appellate record. On habeas, defendant can show whether his trial attorney actually failed to object during the chamber's conference. Indeed, the need for such evidence makes this the sort of ineffective assistance of counsel claim that is better raised by means of a petition for writ of habeas corpus. (See People v. Waidla (2000) 22 Cal.4th 690, 744 [in some instances, a claim of ineffective assistance of counsel "must be raised, if at all, `by petition for writ of habeas corpus' [citation], which is not limited to the record on appeal's four corners [citation], `rather than [on] appeal' itself" [citation].)

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