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 With Two Points In Alameda
Category:
State:
Multi-State
County:
Alameda
Control #:
US-000277
Format:
Word;
Rich Text
Instant download
Description
Free preview
Form popularity
FAQ
The appropriate standard for ineffective assistance of counsel requires both that the defense attorney was objectively deficient and that there was a reasonable probability that a competent attorney would have led to a different outcome.
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.
(to prevail on a claim of ineffective assistance of counsel, an appellant must show that (1) his counsel's performance fell below an objective standard of reasonableness, and (2) the counsel's deficient performance gives rise to a reasonable probability that the result of the proceeding would have been different ...
Under Strickland v Washington 466 US 668 (1984), to be ineffective under the Sixth Amendment, the lawyer's performance must fall below an objective level of reasonableness and be so deficient as to deprive the defendant of a fair trial or a reliable outcome.
10 The two prongs are: 1) whether representation was unreasonable in light of prevailing professional norms; and 2) whether there is a reasonable probability that the outcome of the proceeding would have been different had representation been effective.
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).
Rule 3.31. Unless otherwise authorized by the court, discovery meet and confer obligations require an in-person, telephonic, or video conference between parties.
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.
More info
Instructions: Fill out this form if you wish to act as your own attorney (also referred to as "pro per"). The appeal process is complicated and difficult to navigate.Call our team of California criminal appeals lawyers for a FREE consultation. My son's attorney gave him an Ineffective Assistance of Counsel form to fill out but failed to tell him where to send. You can make a motion for ineffective assistance of counsel during your trial if you feel that your lawyer is not performing their duties. Appendix A Local Forms List. Under California Rules of Court, rule 10.613, the court may adopt local forms to govern practice or procedure. Superior Court of Alameda Cnty.