Is a motion for ineffective counsel reviewed de novo?
MultiRegion, United States of America
The following excerpt is from U.S. v. Mora-Mora, 34 F.3d 1074 (9th Cir. 1994):
The denial of a 28 U.S.C. Sec. 2255 motion is reviewed de novo. United States v. Angelone, 894 F.2d 1129, 1130 (9th Cir.1990). A claim of ineffective assistance of counsel is a mixed question of law and fact which is reviewed de novo. Id. The voluntariness of a guilty plea is a question of law not subject to deferential review, but underlying determinations of fact are reviewed for clear error. Isea v. Sunn, 800 F.2d 861, 864 (9th Cir.1986).
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