What is the test for a claim of ineffective assistance at a federal criminal trial?
MultiRegion, United States of America
The following excerpt is from U.S. v. Asrar, 67 F.3d 309 (9th Cir. 1995):
We review de novo a claim of ineffective assistance of counsel. United States v. Swanson, 943 F.2d 1070, 1072 (9th Cir.1991). The customary procedure for challenging the effectiveness of counsel at a federal criminal trial is a collateral attack on the conviction. Id. at 1072. The rationale for this rule is that such a claim cannot usually be advanced without the development of facts outside the original record. United States v. Houtchens, 926 F.2d 824, 828 (9th Cir.1991).
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