What is the state of the law on habeas corpus when it comes to defence counsel's ineffectiveness?
California, United States of America
The following excerpt is from People v. Dickey, 111 P.3d 921, 28 Cal.Rptr.3d 647, 35 Cal.4th 884 (Cal. 2005):
"On a silent record ... we will not assume that the defense counsel's failure to present mitigating evidence rendered his assistance ineffective. Any assertion that counsel was inadequate in this regard must be raised on habeas corpus." (People v. Diaz (1992) 3 Cal.4th 495, 566, 11 Cal.Rptr.2d 353, 834 P.2d 1171 (Diaz); see People v. Anderson (2001) 25 Cal.4th 543, 598, 106 Cal.Rptr.2d 575, 22 P.3d 347.)
The record is not silent here. However, insofar as it speaks, it undercuts defendant's ineffectiveness claim.
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