What is the basis for a finding of ineffective assistance of counsel at the preliminary hearing of an assault charge?

California, United States of America


The following excerpt is from People v. Rivera, D073929 (Cal. App. 2019):

In his filing, Rivera asserts that he received ineffective assistance of counsel at the preliminary hearing because his defense counsel failed to present his defenses that (1) Rivera acted in self-defense because the victim was intoxicated and had antagonized him; and (2) he suffers from a substance abuse issue, which should have mitigated his sentence. Appellate counsel has also identified as an issue that "might arguably support the appeal" (Anders, supra, 386 U.S. at p. 744) that "the trial court erred in denying appellant's request to replace his appointed counsel pursuant to People v. Marsden, supra, 2 Cal.3d 118." Competent counsel has represented Rivera on this appeal, and we have

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considered these issues and conclude they do not raise any reasonably arguable issue for reversal on appeal.

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If a defendant's request for reappointment of counsel for a preliminary hearing was rejected immediately before the preliminary hearing commenced, is such error harmless even under the beyond-the-reasonable doubt standard? (California, United States of America)
Is ineffective assistance of counsel ineffective assistance on appeal? (California, United States of America)
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