What is the test for a claim of ineffective assistance in a motion for habeas corpus?

California, United States of America


The following excerpt is from People v. Ayobi, C074035 (Cal. App. 2015):

(1972) 7 Cal.3d 562, 573 ) illustrates why, in situations like this, "a claim of ineffective assistance is more appropriately made in a petition for habeas corpus [where] there is an opportunity in an evidentiary hearing to have trial counsel fully describe" the reasons for his tactical choice. (People v. Pope, supra, 23 Cal.3d at p. 426.) On appeal, we need not speculate as to the actual reasons for this tactical choice any further than to demonstrate a satisfactory explanation exists. (Ibid.)

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