Can a motion for a new trial be granted based on ineffective assistance of counsel?
California, United States of America
The following excerpt is from People v. Johnson, F074340 (Cal. App. 2018):
It is undisputed that a motion for new trial may be granted based on ineffective assistance of counsel. (People v. Fosselman (1983) 33 Cal.3d 572, 577.) However, a
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defendant waives his or her right to a new trial unless a specific ground is asserted in such a motion. (People v. Masotti (2008) 163 Cal.App.4th 504, 508.) "Allowing a court to grant a new trial on a ground not raised by the moving party would be the equivalent of allowing the court to grant a new trial on its own motion, an act which the court is without authority to do. [Citations.]" (Ibid.)
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