Is there a forfeiture by failing to object in a motion for writ of habeas corpus?

California, United States of America


The following excerpt is from People v. Davis, B237536 (Cal. App. 2013):

Defendant asserts that if there was a forfeiture by failing to object, that failure constituted ineffective assistance of counsel. "[N]ormally a claim of ineffective assistance of counsel is appropriately raised in a petition for writ of habeas corpus [citation], where relevant facts and circumstances not reflected in the record on appeal . . . can be brought to light." (People v. Snow (2003) 30 Cal.4th 43, 111; see People v. Mendoza Tello (1997) 15 Cal.4th 264, 266-267.)

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