How have courts treated claims of ineffective assistance of counsel?
MultiRegion, United States of America
The following excerpt is from Mohsseni Behbahani v. I.N.S., 796 F.2d 249 (9th Cir. 1986):
Claims of ineffective assistance of counsel present mixed questions of law and fact. Doyle v. United States, 721 F.2d 1195, 1198-99 (9th Cir.1983). This court uses its own judgment as to whether counsel was effective. Id. at 1199. See United States v. McConney, 728 F.2d 1195, 1202-03 (9th Cir.) (en banc) (mixed questions of law and fact generally reviewed de novo), cert. denied, --- U.S. ----, 105 S.Ct. 101, 83 L.Ed.2d 46 (1984).
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