This form is a Petition For Writ Of Habeas Corpus By Person In State Custody based on Lack of Voluntariness of confession and Ineffective Assistance of Counsel. Adapt to your specific circumstances. Don't reinvent the wheel, save time and money.
Ineffective Counsel Motion Form For Court In Alameda
Category:
State:
Multi-State
County:
Alameda
Control #:
US-000277
Format:
Word;
Rich Text
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FAQ
(a) Except as permitted by statute, an applicable code of judicial ethics or code of judicial conduct, or standards governing employees of a tribunal, a lawyer shall not directly or indirectly give or lend anything of value to a judge, official, or employee of a tribunal.
The proposed order relieving counsel must be prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel-Civil (form MC-053) and must be lodged with the court with the moving papers. The order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known.
File a motion for a new trial: Your attorney will file a motion for a new trial, which will argue that your trial lawyer provided ineffective assistance of counsel. The motion will include evidence to support this claim. Attend a hearing: The court will hold a hearing to consider your motion for a new trial.
Rule 3.31. Unless otherwise authorized by the court, discovery meet and confer obligations require an in-person, telephonic, or video conference between parties.
(a) Fields occupied The Judicial Council has preempted all local rules relating to pleadings, demurrers, ex parte applications, motions, discovery, provisional remedies, and the form and format of papers.
If you want to file a motion, the process is generally something like this: You write your motion. You file your motion with the court clerk. The court clerk inserts the date and time your motion will be heard by the judge. You “serve” (mail) your motion to the other side.
(b) Declaration regarding notice (3) That, for reasons specified, the applicant should not be required to inform the opposing party.
If the conduct allegedly constituting ineffective assistance occurs off the record, for example, if the attorney did not investigate the circumstances of the charged crime or interview available witnesses for the defense, then a claim of ineffective assistance of counsel may be raised in what is known as a petition for ...
The proposed order relieving counsel must be prepared on the Order Granting Attorney's Motion to Be Relieved as Counsel-Civil (form MC-053) and must be lodged with the court with the moving papers. The order must specify all hearing dates scheduled in the action or proceeding, including the date of trial, if known.
Datavs, 71 M.J. 420 (to establish ineffective assistance of counsel, an accused must demonstrate both (1) that his counsel's performance was deficient, and (2) that this deficiency resulted in prejudice).
