What is the effect of ineffective assistance of counsel on a motion for a new trial?

California, United States of America


The following excerpt is from People v. Warsaw, B275887 (Cal. App. 2017):

Defendant moved for a new trial on the ground of ineffective assistance of counsel. As discussed above, defendant failed to carry his burden to show prejudice flowing from counsel's performance, and thus, to demonstrate his counsel was ineffective. Substantial evidence supports the trial court's findings in this regard. We conclude de novo defendant failed to demonstrate ineffective assistance of counsel, and thus, the new trial motion was properly denied. (People v. Taylor (1984) 162 Cal.App.3d 720, 724-725.)

Defendant contends the cumulative errors committed by the trial court require reversal of the judgment. In the absence of error, there is no cumulative error. (People v. Samayoa (1997) 15 Cal.4th 795, 849.)

Page 18

The judgment is affirmed.

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