What is the test for a claim of ineffective assistance by appellate counsel on a direct appeal?

California, United States of America


The following excerpt is from People v. Bassett, C089493 (Cal. App. 2021):

Defendant argues for the first time in her reply brief that she received ineffective assistance of appellate counsel on direct appeal. "[A] point raised for the first time [in reply] is deemed waived and will not be considered, unless good reason is shown for

failure to present it before." (People v. Baniqued (2000) 85 Cal.App.4th 13, 29.) Defendant fails to provide good reason, and therefore her argument is forfeited. Moreover, the appropriate avenue for defendant's claim of ineffective assistance of appellate counsel is through a petition for habeas corpus. (In re Spears (1984) 157 Cal.App.3d 1203, 1208.)

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