What is the test for a motion alleging ineffective assistance of counsel?

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

Other Questions


Does a motion for a new trial on ineffective assistance of counsel fail to address the issue of ineffective assistance? (California, United States of America)
If a defendant makes a motion for a continuance of trial on grounds of ineffective assistance of counsel at trial, is it appropriate to appoint a new counsel to prepare the motion? (California, United States of America)
Is ineffective assistance to counsel ineffective assistance of counsel? (California, United States of America)
What is the effect of a motion to withdraw a plea of no contest and a motion for substitution of counsel based on ineffective assistance of counsel? (California, United States of America)
What is the record of the appellant's appeal against a finding that counsel provided ineffective assistance and ineffective assistance to counsel? (California, United States of America)
Does Counsel's failure to make an unmeritorious motion constitute ineffective assistance of counsel? (California, United States of America)
Is ineffective assistance ineffective assistance based on a trial counsel's failure to object to a restitution order? (California, United States of America)
What is the test for a motion alleging ineffective assistance of counsel in admitting text messages between a defendant and her sister? (California, United States of America)
Is ineffective assistance of counsel ineffective assistance on appeal? (California, United States of America)
Is ineffective assistance the burden of proving ineffective assistance of counsel? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.