Is there any case law supporting the ineffective assistance of appellate counsel claim?

MultiRegion, United States of America

The following excerpt is from Wallin-Reed v. Arnold, No. 2:17-cv-01495 TLN CKD P (E.D. Cal. 2018):

2. However, the same cannot be said of his ineffective assistance of appellate counsel claim. Under California law, ineffective assistance of trial counsel claims that are not clear from the record should be raised in state habeas corpus proceedings and not on direct appeal. See People v. Lucas, 12 Cal. 4th 415, 437 (1995) (stating that "[r]eviewing courts will reverse convictions [on direct appeal] on the ground of inadequate counsel only if the record on appeal affirmatively discloses that counsel had no rational tactical purpose for (his or her) act or omission.") (quoting People v. Zapien, 4 Cal. 4th 929, 9280 (1993)). Since there is no suggestion by petitioner that his trial attorney's errors were clear from the trial transcripts, there is no potential merit to his claim that appellate counsel was ineffective for not challenging his trial attorney's performance on direct appeal. This is especially true since one of petitioner's ineffective assistance of trial counsel claims is based on plea discussions which are generally not made a part of the state court record on appeal.

Other Questions


What is the test for appellate counsel to fail to raise a meritless claim of ineffective assistance of counsel? (MultiRegion, United States of America)
Can a claim of ineffective assistance of counsel for failing to contend on appeal that evidence was insufficient to support a conviction be successful? (MultiRegion, United States of America)
Is there any case law where a defendant alleges that both counsel at trial and appellate counsel rendered ineffective assistance? (MultiRegion, United States of America)
When will appellate counsel not be able to challenge a criminal conviction for ineffective assistance of counsel? (MultiRegion, United States of America)
Can a claim of ineffective assistance of counsel waives attorney-client privilege as to communications with the allegedly ineffective lawyer? (MultiRegion, United States of America)
Is ineffective assistance an ineffective assistance claim? (MultiRegion, United States of America)
Can an appellant prevail on a claim of ineffective assistance of counsel? (MultiRegion, United States of America)
What is the test for dismissing a claim of ineffective assistance of counsel? (MultiRegion, United States of America)
Is a defendant entitled to an ineffective assistance of counsel claim? (MultiRegion, United States of America)
What is the state of the law in relation to the strategic decisions of counsel in the context of a claim of ineffective assistance on habeas review? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.