What is the test for a motion for a new trial based upon ineffective assistance counsel?
California, United States of America
The following excerpt is from People v. Bess, 153 Cal.App.3d 1053, 200 Cal.Rptr. 773 (Cal. App. 1984):
3 At the time of the motion for new trial it was not clear Penal Code section 1181 would permit a trial court to grant a new trial based upon ineffective assistance of counsel. People v. Fosselman (1983) 33 Cal.3d 572, 189 Cal.Rptr. 855, 659 P.2d 1144 approved this procedure.
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