In a motion for a new trial, is the issue of counsel's effectiveness the basis of the motion?
California, United States of America
The following excerpt is from People v. Watts, 22 Cal.App.5th 102, 231 Cal.Rptr.3d 248 (Cal. App. 2018):
in favor of presenting the issue of counsel's effectiveness to the trial court as the basis of a motion for new trial. If the court is able to determine the effectiveness issue on such motion, it should do so." ( People v. Fosselman , supra , 33 Cal.3d at pp. 582583, 189 Cal.Rptr. 855, 659 P.2d 1144, italics added.)
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