What is the administrative burden that would result if a motion-to-strike procedure was extended to include a claim of ineffective assistance of counsel?
California, United States of America
The following excerpt is from Garcia v. Superior Court, 14 Cal.4th 953, 59 Cal.Rptr.2d 858, 928 P.2d 572 (Cal. 1997):
Prior to the high court's decision in Custis v. United States, supra, 511 U.S. 485, 114 S.Ct. 1732, this court did not face directly, or grapple with, the issue of the administrative burden--or other consequences--that would result were the motion-to-strike procedure, established in Coffey, to be extended to encompass a challenge to a prior conviction that rests upon a claim of constitutionally ineffective assistance of counsel. 4
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