Does a motion for a new trial have to consider the ineffective assistance of trial counsel?
MultiRegion, United States of America
The following excerpt is from United States v. McCarns, No. 2:08-cr-0116 KJM (E.D. Cal. 2015):
This court has the discretion, but is not required, to consider defendant's claim of ineffective assistance of trial counsel on this motion for new trial. See United States v. Steele, 733 F.3d 894, 897 (9th Cir. 2013). The court also has the discretion to determine whether to conduct an evidentiary hearing on the motion. Id. at 898 (decision whether to consider
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