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
The following excerpt is from People v. Hart, 20 Cal.4th 546, 85 Cal.Rptr.2d 132, 976 P.2d 683 (Cal. 1999):
21 Because the record on appeal does not definitively establish a basis for "why counsel acted or failed to act in the manner challenged," defendant's contention that trial counsel's failure to object to the prosecutor's remarks amounted to ineffective assistance of counsel is more appropriately decided in a habeas corpus proceeding. (People v. Mendoza Tello, supra, 15 Cal.4th 264, 266-267, 62 Cal.Rptr.2d 437, 933 P.2d 1134.)
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