Can a defendant bring a motion for habeas corpus against the Attorney General for failing to object to the unreasonable delay in bringing the case to trial?

California, United States of America


The following excerpt is from People v. Seja, F059924 (Cal. App. 2011):

In the alternative, defendant asserts that defense counsel provided ineffective assistance by failing to object to the unreasonable delay in bringing the case to trial and by failing to move to dismiss the petition on the same ground. Claims of ineffective assistance of counsel are more appropriately litigated in a habeas corpus proceeding. Where, as here, the record does not show why counsel failed to act in the way defendant claims he should have, we must reject an ineffective counsel claim based only on the record on appeal. (See People v. Mendoza Tello (1997) 15 Cal.4th 264, 266-267.) A verified petition for habeas corpus allows a defendant to allege facts outside the appellate record to show that counsel's failure to object was not justified by a tactical choice or other legitimate reason, and thus might constitute ineffectiveness. (See People v. Michaels (2002) 28 Cal.4th 486, 526; People v. Anderson (2001) 25 Cal.4th 543, 569.)

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