What is the test for denying a defendant a fair trial and an effective defense?

California, United States of America

The following excerpt is from People v. Hodges, 70 Cal.App.4th 1348, 83 Cal.Rptr.2d 619 (Cal. App. 1999):

Defendant contends he was denied a fair trial and the ability to mount an effective defense because trial counsel failed to secure the presence of a defense witness. However, he makes no intelligible argument supported by citation to the record on this issue. Instead he refers us to declarations filed in connection with a petition for habeas corpus. No such petition is before us. We conclude that this contention is waived on appeal. (People v. Turner (1994) 8 Cal.4th 137, 214, fn. 19, 32 Cal.Rptr.2d 762, 878 P.2d 521.)

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What is the test for denying a defendant a fair trial and an effective defense?

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