Is ineffective performance an ineffective performance on habeas corpus?
California, United States of America
The following excerpt is from People v. Alkhafaji, D067702 (Cal. App. 2016):
In People v. Mendoza Tello (1997) 15 Cal.4th 264, 267-268 the court noted that it is often difficult to tell, from a silent record, whether the failure by counsel to take some action constitutes ineffective performance. As the court observed in such cases it is often necessary to resolve such issues on habeas corpus, where a record can be developed.
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