Legal Question in Criminal Law in California

Ineffective assistance of counsel can be grounds for a successful appeal, if it can be proved based on what's already in the record. Sometimes proving it requires additional evidence that isn't in the record; when that happens, a petition for habeas corpus will usually be a better approach. It's often best to pursue both at the same time, especially since there may be other issues worth raising.

Note that both appeals and habeas corpus petitions are governed by complicated rules, including strict deadlines. Your son needs an experienced, competent appellate lawyer ASAP if he doesn't have one already. The court will appoint one for him at public expense if he can't afford to hire one. Otherwise, you should find such a lawyer for him immediately.

Feel free to contact me directly if you'd like to discuss your son's case in more detail. I have over 20 years of appellate experience, and am certified as an appellate specialist by the State Bar of California's Board of Legal Specialization.

Whether I hear from you or not, good luck.

I want to clarify part of my prior answer. Your son will be entitled to a court-appointed lawyer for a direct appeal, but he does not have the same right in connection with a habeas corpus petition. If he is pursuing both at the same time and a lawyer is appointed to represent him in the appeal, the court will probably expand the appointment to include the habeas petition. But it's not easy to get a publicly-funded lawyer solely for a habeas petition.