stand at the motion hearing (California) · Go Syfert
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stand at the motion hearing in California

5 California opinions name it 1 courts 2017–2018 0 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
People v. Dennisgreen
calctapp · 1986 · cited in 5 California opinions naming this issue, 2017–2018
2 sentences

2018(See People v. Jackson (1986) 187 Cal.App.3d 499, 507 [upholding denial of new trial motion based on ineffective assistance of counsel because defendant did not submit affidavits or testimony]; People v. Dennis, supra, 177 Cal.App.3d at p. 873 [defendant must establish “by affidavit, oral testimony or reference to the trial record” that trial counsel was ineffective].) “Reviewing courts will reverse convictions on the ground of inadequate counsel only if the record on appeal affirmatively 23 discloses that counsel had no rational tactical purpose for his act or omission.

2018(See People v. Jackson (1986) 187 Cal.App.3d 499 , 507, 231 Cal.Rptr. 889 [upholding denial of new trial motion based on ineffective assistance of counsel because defendant did not submit affidavits or testimony]; People v. Dennis , supra , 177 Cal.App.3d at p. 873 , 223 Cal.Rptr. 236 [defendant must establish "by affidavit, oral testimony or reference to the trial record" that trial counsel was ineffective].) "Reviewing courts will reverse convictions on the ground of inadequate counsel only if the record on appeal affirmatively discloses that counsel had no rational tactical purpose for his

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People v. Jacksongreen
calctapp · 1986 · cited in 5 California opinions naming this issue, 2017–2018
2 sentences

2018(See People v. Jackson (1986) 187 Cal.App.3d 499, 507 [upholding denial of new trial motion based on ineffective assistance of counsel because defendant did not submit affidavits or testimony]; People v. Dennis, supra, 177 Cal.App.3d at p. 873 [defendant must establish “by affidavit, oral testimony or reference to the trial record” that trial counsel was ineffective].) “Reviewing courts will reverse convictions on the ground of inadequate counsel only if the record on appeal affirmatively 23 discloses that counsel had no rational tactical purpose for his act or omission.

2018(See People v. Jackson (1986) 187 Cal.App.3d 499 , 507, 231 Cal.Rptr. 889 [upholding denial of new trial motion based on ineffective assistance of counsel because defendant did not submit affidavits or testimony]; People v. Dennis , supra , 177 Cal.App.3d at p. 873 , 223 Cal.Rptr. 236 [defendant must establish "by affidavit, oral testimony or reference to the trial record" that trial counsel was ineffective].) "Reviewing courts will reverse convictions on the ground of inadequate counsel only if the record on appeal affirmatively discloses that counsel had no rational tactical purpose for his

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Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
People v. Cox red
cal · 1991
2 sentences

2018As the trial court noted, "based on my observation of the way [defense counsel] conducted this trial ..., there is no basis for me to decide he was basically ineffective as to how he basically tried the case." Furthermore, ineffective assistance of counsel claims "must be supported by declarations or other proffered testimony establishing both the substance of the omitted evidence and its likelihood for exonerating the accused." ( People v. Cox (1991) 53 Cal.3d. 618 , 662, 280 Cal.Rptr. 692 , 809 P.2d 351 .) Thus, Watts's failure to provide a declaration or affidavit from defense counsel to su

2018As the trial court noted, "based on my observation of the way [defense counsel] conducted this trial ..., there is no basis for me to decide he was basically ineffective as to how he basically tried the case." Furthermore, ineffective assistance of counsel claims "must be supported by declarations or other proffered testimony establishing both the substance of the omitted evidence and its likelihood for exonerating the accused." ( People v. Cox (1991) 53 Cal.3d. 618 , 662, 280 Cal.Rptr. 692 , 809 P.2d 351 .) Thus, Watts's failure to provide a declaration or affidavit from defense counsel to su

22017–2018

Statutes the citing opinions construe

CA § Cal. Penal Code § 186.22 (5) CA § Cal. Penal Code § 187 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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