California, United States of America
The following excerpt is from People v. Green, B268500 (Cal. App. 2016):
We evaluate the trial court's denial of defendant's new trial motion alleging ineffective assistance of counsel using a mixed standard of review. (People v. Taylor (1984) 162 Cal.App.3d 720, 724-725.) We uphold the trial court's express or implied factual findings if they are supported by substantial evidence. (Id. at p. 724.) "[A]ll presumptions favor the trial court's exercise of its power to judge the credibility of witnesses, resolve any conflicts in testimony, weigh the evidence, and draw factual inferences." (Ibid.) We exercise our independent judgment to determine whether, on the facts so found, defendant was deprived of his constitutional right to effective assistance of counsel. (Id. at p. 725.)
3. Defendant's trial attorney was not constitutionally ineffective
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