Is ineffective assistance of counsel an issue that was not considered on the merits of the appeal?
California, United States of America
The following excerpt is from People v. Perez, H039349, H042098 (Cal. App. 2015):
grounds and thus defendant raised the issue of ineffective assistance of counsel. However, as noted ante, the merits of the issue were considered in the appeal. (People v. Neely, supra, 176 Cal.App.4th at p. 795 [an appellate court may choose to consider the case on the merits when a claim of ineffectiveness of counsel is raised].)
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