Can a defendant bring a motion against the Attorney General for ineffective assistance?
MultiRegion, United States of America
The following excerpt is from Bazemore v. Shirley, No. 2:14-cv-0651-GEB-EFB P (TEMP) (E.D. Cal. 2016):
16. Any claim that petitioner's trial counsel in his 2000 criminal case rendered ineffective assistance is not cognizable in this proceeding. As a general rule, if a prior conviction used to enhance a state sentence is fully expired in its own right, the defendant may not collaterally attack his prior conviction through a 2254 petition. Lackawanna County District Attorney v. Coss, 532 U.S. 394, 403-04 (2001).
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