What is the standard of review for a motion for a new trial based on ineffective assistance?
California, United States of America
The following excerpt is from People v. Ali, C080387 (Cal. App. 2017):
Where, as here, the trial court has denied a motion for a new trial based on an ineffective assistance claim, we apply the standard of review applicable to mixed questions of law and fact, upholding the trial court's factual findings to the extent they are supported by substantial evidence, but reviewing de novo the ultimate question of whether the facts demonstrate a violation of the right to effective counsel. (People v. Taylor (1984) 162 Cal.App.3d 720, 724-725.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In reviewing a motion for a new trial based on a conviction purportedly not supported by the evidence, what is the standard of review? (California, United States of America)
Does a motion for a new trial on ineffective assistance of counsel fail to address the issue of ineffective assistance? (California, United States of America)
How does the Court of Appeal review a denial of a motion for a new trial based on a claim of ineffective assistance? (California, United States of America)
How do we review a motion for a new trial based on 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)
If a defendant makes a motion for a continuance of trial on grounds of ineffective assistance of counsel at trial, is it appropriate to appoint a new counsel to prepare the motion? (California, United States of America)
What is the legal test for a claim of ineffective assistance of counsel based on a trial attorney's failure to make a motion or objection? (California, United States of America)
What is the standard of review for a motion for a new trial based on juror misconduct? (California, United States of America)
In reviewing a motion for a new trial based on juror misconduct based on Juror misconduct, what is the effect of the finding on the credibility of the jury? (California, United States of America)
What is the legal test for a motion for a new trial based on ineffective assistance of counsel? (California, United States of America)
