What is the test for a claim of ineffective assistance in a habeas corpus petition based on information found in a police report?
California, United States of America
The following excerpt is from People v. Ruiz, E074964 (Cal. App. 2020):
First, defendant contends this information is found in the officer's supplemental report; however, police reports are not included in a normal record on appeal. (Cal. Rules of Court, rule 8.407.) Thus, the officer's reports do not appear in this record. (People v. Duong, supra, 10 Cal.5th at p. 56 ["Any claim of ineffective assistance based on evidence not in the trial record must be made in a habeas corpus petition."].)
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