What is the test for a claim of ineffective assistance of counsel on a direct appeal?
California, United States of America
The following excerpt is from People v. Lam Thanh Nguyen, 191 Cal.Rptr.3d 182, 354 P.3d 90, 61 Cal.4th 1015 (Cal. 2015):
Id. at p. 926, 111 Cal.Rptr.2d 2, 29 P.3d 103.) For this reason, claims of ineffective assistance of counsel are ordinarily best raised and reviewed on habeas corpus. (People v. Williams (2013) 56 Cal.4th 630, 690, 156 Cal.Rptr.3d 214, 299 P.3d 1185.) In the present case, [t]he claim fails in the context of this direct appeal because the record does not reveal whether counsel had a plausible tactical reason for not requesting the instruction (
[61 Cal.4th 1052]
People v. Carter (2003) 30 Cal.4th 1166, 1223, 135 Cal.Rptr.2d 553, 70 P.3d 981 ), and defendant fails to show that there could be no conceivable reason for trial counsel not to request such a clarifying instruction.
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