What is the test for determining whether counsel's lack of diligence amounted to a denial of effective assistance of counsel?

California, United States of America


The following excerpt is from People v. James, B283547 (Cal. App. 2018):

that counsel's asserted lack of diligence amounted to a denial of effective assistance of counsel." (People v. Montiel (1985) 39 Cal.3d 910, 923.) The trial court did not abuse its discretion.

"A defendant who, as a result of mental disorder or developmental disability, is 'unable to understand the nature of the criminal proceedings or to assist counsel in the conduct of a defense in a rational manner,' is incompetent to stand trial. ( 1367.) When the accused presents substantial evidence of incompetence, due process requires that the trial court conduct a full competency hearing. [Citation.] Evidence is 'substantial' if it raises a reasonable doubt about the defendant's competence to stand trial. [Citation.] The court's duty to conduct a competency hearing arises when such evidence is presented at any time 'prior to judgment.' [Citations.]" (People v. Jones (1991) 53 Cal.3d 1115, 1152-1153 (Jones); see also People v. Frye (1998) 18 Cal.4th 894, 951-952.)

Other Questions


What is the test for determining whether a defendant was deprived of his right to effective assistance of counsel? (California, United States of America)
Can a defendant who elects to represent himself in a personal injury case successfully argue that the quality of his own defense amounted to a denial of effective assistance of counsel? (California, United States of America)
Can a defendant argue on appeal that counsel's inaction at trial to alleged prosecutorial misconduct violated their constitutional right to effective assistance of counsel? (California, United States of America)
Can a defendant argue that counsel's failure to object to the prosecutor's argument violated his right to effective assistance of counsel? (California, United States of America)
Does substitute counsel violate a defendant's right to effective 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)
What is the test for determining whether a search warrant can be used to determine whether or not a search and seizure of a suspect was unlawful? (California, United States of America)
Does Counsel's statements imply that Counsel never stated whether a witness's statement was made in connection with the matter on which counsel represented her? (California, United States of America)
Does a waiver of counsel constitute a relinquishment of the right to effective assistance of counsel? (California, United States of America)
Can a defendant argue that trial counsel's failure to object to the prosecutor's remarks amounted to ineffective assistance of counsel in a habeas corpus proceeding? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.