What is the effect of ineffective assistance on the ineffective assistance claim?

California, United States of America


The following excerpt is from People v. Clift, C072195 (Cal. App. 2014):

Unlike this appeal, the cases cited by defendant all had evidentiary hearings on the ineffective assistance claim or had to assume the facts alleged by the defendant were true. Unsurprisingly, these cases all contain more evidence supporting prejudice than a simple disparity between the sentence in the offered plea and the maximum exposure if the defendant decided to go to trial. Even if these federal circuit court cases were binding on us (see People v. Williams (1997) 16 Cal.4th 153, 190 [decisions of a lower federal court not binding on California courts]), they are inapposite.

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