What is the test for ineffective assistance of counsel on appeal?

California, United States of America


The following excerpt is from People v. Dunn, B280982 (Cal. App. 2018):

"A claim on appeal of ineffective assistance of counsel must be rejected ' "[if] the record on appeal sheds no light on why counsel acted or failed to act in the manner challenged[,] . . . unless counsel was asked for an explanation and failed to provide one, or unless there simply could be no satisfactory explanation." ' [Citations.] Unless the record affirmatively discloses that counsel had no tactical purpose for his act or omission, 'the conviction will be affirmed and the defendant relegated to habeas corpus proceedings at which evidence dehors the record may be taken to determine the basis, if any, for counsel's conduct or omission.' " (People v. Hinds (2003) 108 Cal.App.4th 897, 901.)8

Page 24

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 of counsel ineffective assistance on appeal? (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 a defendant's failure to object on appeal cognizable because the issue is not cognizable on appeal because trial counsel rendered ineffective assistance by failing to object? (California, United States of America)
Is ineffective assistance of counsel ineffective on appeal? (California, United States of America)
Is ineffective assistance of counsel ineffective on appeal? (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)
Is ineffective assistance ineffective assistance based on a trial counsel's failure to object to a restitution order? (California, United States of America)
X



Whitelogo nobg 300dpi sm


"The most advanced legal research software ever built."


Trusted by top litigators from across North America.