What is the test for ineffective counsel in a motion for habeas corpus?

California, United States of America


The following excerpt is from In Re: Merino v. The People, 107 Cal.Rptr.2d 313 (Cal. App. 2001):

5. We cannot dispose of this issue on direct appeal because, in the absence of the declaration filed with the petition for writ of habeas corpus, there are conceivable tactical reasons for counsel's actions. (See People v. Cummings (1993) 4 Cal.4th 1233, 1340 ["when the record does not reflect the reasons for an attorney's act or omission, and the act or omission may be explained on the basis of acceptable tactics or other reason which brings the conduct within the range of reasonable competence, a claim of ineffective counsel is more appropriately brought by petition for writ of habeas corpus"].)

5. We cannot dispose of this issue on direct appeal because, in the absence of the declaration filed with the petition for writ of habeas corpus, there are conceivable tactical reasons for counsel's actions. (See People v. Cummings (1993) 4 Cal.4th 1233, 1340 ["when the record does not reflect the reasons for an attorney's act or omission, and the act or omission may be explained on the basis of acceptable tactics or other reason which brings the conduct within the range of reasonable competence, a claim of ineffective counsel is more appropriately brought by petition for writ of habeas corpus"].)

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