What is the test for ineffective assistance of counsel?

California, United States of America


The following excerpt is from People v. Moran, E061307 (Cal. App. 2015):

Where, as here, the claim is based on an alleged omission by counsel and the record on appeal does not contain an explanation for the omission, we must reject the claim unless there could be " ' "no satisfactory explanation" ' " for counsel's conduct. (People v. Mendoza Tello (1997) 15 Cal.4th 264, 266-267 [reversing a holding of ineffective assistance of counsel where record did not show why counsel failed to move to suppress evidence obtained during a warrantless search because counsel was "perhaps" aware that the officer had a justification for the search].) In other words, if there could be a reasonable explanation for counsel's decision, the claim of ineffective assistance of counsel must fail.

Other Questions


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)
Is ineffective assistance to counsel ineffective assistance of counsel? (California, United States of America)
Is ineffective assistance of counsel ineffective assistance on appeal? (California, United States of America)
Is ineffective assistance of counsel ineffective when counsel fails to object to the issue? (California, United States of America)
Is ineffective assistance the burden of proving ineffective assistance of counsel? (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)
Does ineffective assistance of counsel constitute ineffective representation of counsel? (California, United States of America)
Is ineffective assistance ineffective assistance based on a trial counsel's failure to object to a restitution order? (California, United States of America)
Is ineffective assistance of counsel ineffective when a defense attorney fails to raise a meritless objection? (California, United States of America)
What is the effect of ineffective assistance on the ineffective assistance claim? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.