What is the effect of the court's failure to appoint new counsel to develop a stronger motion for a new trial?
California, United States of America
The following excerpt is from People v. Silva, A140320 (Cal. App. 2017):
Even if we assume the court erred in failing to appoint new counsel to develop a stronger motion for a new trial, we are convinced any such error was harmless beyond a reasonable doubt. Indeed, if further development of these issues was possible, it is difficult to understand why appellate counsel has not filed a petition for writ of habeas corpus raising the ineffective assistance of counsel issues. (Cf. People v. Mack, supra, 38 Cal.App.4th at pp. 1487-1488.)
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