What is the test for an ineffective assistance of counsel claim in a writ of habeas corpus?

California, United States of America


The following excerpt is from People v. Robleto, A142717, A145832 (Cal. App. 2017):

When a defendant raises an ineffective assistance of counsel claim in a petition for a writ of habeas corpus, the court must first determine whether the petition's factual allegations, if taken as true, entitle the petitioner to relief. (See People v. Duvall (1995) 9 Cal.4th 464, 474-475.) "If no prima facie case for relief is stated, the court will summarily deny the petition." (Id. at p. 475.)

B. Failure to request instruction defining deadly force to include force likely to cause great bodily injury

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