Is ineffective assistance a valid remedy in a habeas corpus case?

California, United States of America


The following excerpt is from People v. Love, C090411 (Cal. App. 2020):

5. We note that "Because the presumption of counsel's competence can typically be rebutted only with evidence outside the record, ineffective assistance claims are normally raised in habeas corpus proceedings where such evidence can be presented." (People v. Arce (2014) 226 Cal.App.4th 924, 930.) To the extent defendant believes matters outside the record support such a claim, habeas corpus is the appropriate remedy to bring those matters to a court's attention.

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