What is the test for ineffective assistance in a motion for writ of habeas corpus?

California, United States of America


The following excerpt is from People v. Roden, 2d Crim. No. B277830 (Cal. App. 2018):

To establish ineffective assistance, Roden must show that 1) his counsel's performance fell "below an objective standard of reasonableness," and that 2) there is "a reasonable probability that, but for counsel's errors, the result of the proceeding would have been different." (People v. Benavides (2005) 35 Cal.4th 69, 93.) "'Because the appellate record ordinarily does not show the reasons for defense counsel's actions or omissions, a claim of ineffective assistance of counsel should generally be made in a petition for writ of habeas corpus, not on appeal.'" (People v. Lucero (2000) 23 Cal.4th 692, 728-729.)

Other Questions


What is the test for a claim of ineffective assistance in a motion for habeas corpus? (California, United States of America)
What is the effect of ineffective assistance of counsel on a motion for writ of habeas corpus? (California, United States of America)
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)
What is the test for ineffective assistance in a motion for habeas corpus? (California, United States of America)
Does a claim of ineffective assistance of counsel in a motion for writ of habeas corpus need to be brought before the Court of Appeal? (California, United States of America)
Is ineffective assistance of counsel more appropriately brought in a new trial motion or on a writ of habeas corpus than on appeal? (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)
How have courts treated the issue of ineffective assistance claims in the context of an ineffective assistance claim? (California, United States of America)
Is ineffective assistance the burden of proving ineffective assistance of counsel? (California, United States of America)
What is the test for ineffective counsel in a motion for writ of habeas corpus? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.