What is the standard of review for a claim of ineffective assistance of counsel?

California, United States of America


The following excerpt is from People v. McDonald, G041075 (Cal. App. 6/30/2009), G040058., G041075. (Cal. App. 2009):

The standard of review for a claim of ineffective assistance of counsel is set out above. We repeat that "`[r]eviewing courts defer to counsel's reasonable tactical decisions in examining a claim of ineffective assistance of counsel [citation], and there is a "strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance."' [Citations.]" (People v. Weaver, supra, 26 Cal.4th at pp. 925-926.) However, "counsel's alleged tactical decisions must be subjected to `meaningful scrutiny.' [Citation.] Tactical decisions must be informed, so that before counsel acts, he or she `"will make a rational and informed decision on strategy and tactics founded on adequate investigation an preparation."' [Citations.]" (In re Lucas (2004) 33 Cal. 4th 682, 722.)

Other Questions


What is the standard of review for a claim of ineffective assistance of counsel? (California, United States of America)
How have courts treated the issue of ineffective assistance claims in the context of an ineffective assistance claim? (California, United States of America)
Is ineffective assistance to counsel ineffective assistance of counsel? (California, United States of America)
What is the record of the appellant's appeal against a finding that counsel provided ineffective assistance and ineffective assistance to counsel? (California, United States of America)
Can a defendant bring a claim for ineffective assistance of counsel against counsel who failed to follow up with follow-up questions? (California, United States of America)
Is a defendant's claim that his trial counsel's failure to object or request a limiting instruction was ineffective assistance of counsel? (California, United States of America)
Is ineffective assistance ineffective assistance based on a trial counsel's failure to object to a restitution order? (California, United States of America)
Is ineffective assistance the burden of proving ineffective assistance of counsel? (California, United States of America)
What is the effect of ineffective assistance on the ineffective assistance claim? (California, United States of America)
Is ineffective assistance of counsel ineffective assistance on appeal? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.