Is it particularly difficult to prevail on a claim of ineffective assistance on appeal?

California, United States of America


The following excerpt is from People v. Sanchez, H045455 (Cal. App. 2019):

"It is particularly difficult to prevail on an appellate claim of ineffective assistance [on direct appeal]." (People v. Mai (2013) 57 Cal.4th 986, 1009, italics omitted (Mai).) We will reverse "only if (1) the record affirmatively discloses counsel had no rational tactical purpose for the challenged act or omission, (2) counsel was asked for a reason and failed to provide one, or (3) there simply could be no satisfactory explanation. All other claims of ineffective assistance are more appropriately resolved in a habeas corpus proceeding. [Citations.]" (Ibid.)

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