...or writ of habeas corpus? I heard the writ covers this better because you need an affidavit of counsel, which would be outside of the trial. So does ineffective assistance of counsel ever succeed on appeal, and if so, what does the appellate attorney need to do to prove this? How can the higher court rule without an affidavit from counsel giving the reasoning behind something counsel did or didn't do. Please discuss more so this becomes clearer for me. They do not hold hearings here on Writs. They just deny them. What is the secret to this? Is there an appeal from this type of writ?
In California, would ineffective assistance of counsel be raised on a criminal appeal...
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