Is ineffective counsel a valid ground for a new trial?
California, United States of America
The following excerpt is from People v. Tran, D067800 (Cal. App. 2016):
Ineffective assistance of counsel is a valid ground for a new trial. (People v. Fosselman (1983) 33 Cal.3d 572, 582-583.) On appeal from the denial of a new trial motion based on a claim of ineffective assistance, we defer to the trial court's factual findings if supported by substantial evidence, and we exercise de novo review over the ultimate issue of whether defendant's constitutional rights were violated. (People v. Taylor (1984) 162 Cal.App.3d 720, 724-725.)
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