The following excerpt is from Doughton v. McDonald, No. 2: 11-cv-2252 JAM KJN P (E.D. Cal. 2013):
Under California law, a petition for habeas corpus is the preferred method for bringing an ineffective assistance of counsel claim because such a claim requires consideration of evidence outside the trial record. People v. Salcido, 44 Cal.4th 93, 171 (2008) ("claims of ineffective assistance of counsel generally must be raised in a petition for writ of habeas corpus based on matters outside the record on appeal"); People v. Mendoza Tello, 15 Cal.4th 264, 267 (1997) ("Because claims of ineffective assistance are often more appropriately litigated in a habeas corpus proceeding, the rules generally prohibiting raising an issue on habeas corpus that was, or could have been, raised on appeal would not bar an ineffective assistance claim on habeas corpus.") (citations omitted).
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