How have courts treated ineffective assistance of counsel claims?

California, United States of America


The following excerpt is from The People v. Tayag, A124415, No. VCR188022 (Cal. App. 2010):

Finally, we need not address defendant's claim that the trial court erred in refusing to treat his plea withdrawal motion as a petition for writ of habeas corpus or of coram nobis. Defendant has waived the claim, not only because of its conclusory nature, but because he first raises it in his reply brief without explanation. (See, e.g., Julian v. Hartford Underwriters Ins. Co. (2005) 35 Cal.4th 747, 761, fn. 4 [refusing to advance an argument first raised in a reply brief, without a showing of good reason for doing so].)

Page 9

The appeal from the court's judgment is dismissed. Defendant's ineffective assistance of counsel claim is denied.

Lambden, J.

We concur:

Kline, P.J.

Haerle, J.

Notes:

1. All further statutory references cite to the Penal Code unless otherwise indicated.

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