What is considered hearsay evidence in the context of ineffective assistance of counsel claims?

California, United States of America


The following excerpt is from People v. Long, E066388 (Cal. App. 2018):

" 'Hearsay evidence' is evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated." (Evid. Code, 1200.) In assessing an ineffective assistance of counsel claim, "the question is not what the 'best lawyers would have done,' nor 'even what most good lawyers would have done,' but simply whether 'some reasonable lawyer' could have acted, in the circumstances, as defense counsel acted in the case at bar." (People v. Jones, supra, 186 Cal.App.4th at p. 235.)

Other Questions


How have courts treated the issue of ineffective assistance claims in the context of an ineffective assistance claim? (California, United States of America)
Is ineffective assistance to counsel ineffective assistance of counsel? (California, United States of America)
When will the Court consider a claim of ineffective assistance of counsel in the context of cruel and/or unusual punishment? (California, United States of America)
Does Counsel's failure to object to evidence of a hypodermic needle and vial evidence constitute ineffective assistance of counsel? (California, United States of America)
What is the record of the appellant's appeal against a finding that counsel provided ineffective assistance and ineffective assistance to counsel? (California, United States of America)
What is the current state of the law on "reasonable tactical decisions" in the context of a claim of ineffective assistance of counsel? (California, United States of America)
Can a defendant bring a claim for ineffective assistance of counsel against counsel who failed to follow up with follow-up questions? (California, United States of America)
Is a defendant's claim that his trial counsel's failure to object or request a limiting instruction was ineffective assistance of counsel? (California, United States of America)
Is ineffective assistance the burden of proving ineffective assistance of counsel? (California, United States of America)
What is the effect of ineffective assistance on the ineffective assistance claim? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.