What is the test for a challenge to the effectiveness of defense counsel on appeal?
MultiRegion, United States of America
The following excerpt is from U.S. v. Ceja-Navarro, 993 F.2d 885 (9th Cir. 1993):
Generally, "we will not review challenges to the effectiveness of defense counsel on direct appeal." United States v. Laughlin, 933 F.2d 786, 788 (9th Cir.1991) Facts outside the record, but necessary to the disposition of the claim, need to be sufficiently developed. Id. Such is the case here. Trial counsel has had no opportunity to explain his reasons for not moving to sever the trial.
"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
When will the US Supreme Court review challenges to the effectiveness of defense counsel on appeal? (MultiRegion, United States of America)
Does the US Supreme Court have any authority to review challenges to the effectiveness of defense counsel on appeal? (MultiRegion, United States of America)
When will the Court review the effectiveness of defense counsel on appeal? (MultiRegion, United States of America)
Does a defendant who failed to challenge the error calculation at sentencing and on direct appeal waive the error by failing to challenge it on appeal? (MultiRegion, United States of America)
Does a named class representative's notice of appeal stating that he is appealing individually and on behalf of the other named plaintiffs in a class action be sufficient to effect an appeal? (MultiRegion, United States of America)
What is the effect of a frivolous appeal against the Court of Appeal's decision to dismiss the appeal on the grounds of mootness? (MultiRegion, United States of America)
In a motion for reconsideration to extend the appeal period for a motion of appeal, does the appeal process need to be adjourned until after the appeal has been heard? (MultiRegion, United States of America)
What is the effect of the majority opinion in the Supreme Court of Appeal on the limitation of defense counsel's closing arguments? (MultiRegion, United States of America)
Can a defendant be denied effective assistance of counsel in derogation of the sixth amendment if his counsel's performance was so deficient that it prejudiced his defense? (MultiRegion, United States of America)
Does a defense counsel have an obligation not to delay or delay an appeal even if he thinks the appeal is without merit? (MultiRegion, United States of America)
