If a defendant fails to raise their arguments in a jury trial for ineffective assistance of counsel, would that claim be successful in an evidentiary hearing?
MultiRegion, United States of America
The following excerpt is from Cottrell v. Trimble, 1:04-cv-05943-SMS-HC (E.D. Cal. 2012):
Likewise, the ineffective assistance of counsel claims based on failure to raise these arguments would not warrant an evidentiary hearing. See, Beardslee v. Woodford, 358 F.3d 560, 585-86 (9th Cir. 2004) (holding it was not an abuse of discretion to deny an evidentiary hearing concerning a claim of ineffective assistance of counsel by failing to object to alleged prosecutorial misconduct that was fully evident in the trial record).
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