Home -> Law Blog Directory -> Appellate Law Blogs -> The California Blog of Appeal
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Appellate Law
: The California Blog of AppealIneffective assistance of counsel in advising waiver of right to claim ineffective assistance of counsel
By Greg May
When a plea agreement includes a waiver of rights to appeal, claim ineffective assistance of counsel, and to move to withdraw the plea, can it logically be enforced to preclude a claim of ineffective assistance of counsel in the advice to enter into the agreement? Last week, in People v. Orozco, case no. F056712, (5th Dist. Ja. 8, 2010), the court of appeal joins several federal courts in reaching the only sensible answer: of course not.
To hold such a waiver enforceable “would deprive a defendant of the ‘opportunity to assert his Sixth Amendment right to counsel where he had accepted the waiver in reliance on delinquent representation.’ ” [Citation.]
We agree with the federal authorities and find justice dictates that a claim of ineffective assistance of counsel in connection with the making of the waiver agreement cannot be barred by the agreement that is the product of the alleged ineffectiveness.
Full post as published by The California Blog of Appeal on January 13, 2010 (boomark / email).
Ladder Accident Injury Claims
Were you or a loved one injured in a ladder accident?
AIG Settles Injury Claim
for $18 Million
Failure-to-accommodate claim yields $1.82M award
$1.82 Million Awarded in Employment Lawsuit
Recovery Claim
Florida Insurance Guarantee Association agrees to pay $14 million settlement to Home Solutions of America for construction services.

Questions, questions: Ineffective Assistance in TPR Cases
Ineffective Ineffective Assistance of Counsel Decisions
Habeas Corpus - Claims Relating Back/Ineffective Assistance
Lawyer Raising Ineffective Assistance Claim Is the Subject of One Herself
CA: Defendant abandoned his motel room in flight from murder







