Is ineffective assistance of counsel a grounds for a new trial?
California, United States of America
The following excerpt is from People v. Moore, B286405 (Cal. App. 2019):
"Although ineffective assistance of counsel is not among the grounds enumerated for ordering a new trial under Penal Code section 1181, motions alleging ineffective assistance are permitted pursuant to 'the constitutional duty of trial courts to ensure that defendants be accorded due process of law.' " (People v. Callahan (2004) 124 Cal.App.4th 198, 209.)
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