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In the State of California are is a defendant's;/appellant's declarations admissible when it was made on appeal that set-forth facts of how his trial attorney rendered in-effective assistance, facts that occurred  out-side the record of the defendant's hearing    

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In the State of California are is a defendant's;/appellant's declarations admissible when it was made on appeal that set-forth facts of how his trial attorney rendered in-effective assistance, facts that occurred  out-side the record of the defendant's hearing    

 

In what court and type of proceeding would the defendant seek to have the declarations admitted and what is the purpose of doing it? 

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Its a state appeal, the declaration sets out facts out-side the record of how his trial attorney rendered ineffective assistance of counsel that the trial judge could not have or should have possibly have known, which one claim of error the appeal is alleging.  

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Its a state appeal, the declaration sets out facts out-side the record of how his trial attorney rendered ineffective assistance of counsel that the trial judge could not have or should have possibly have known, which one claim of error the appeal is alleging.  

 

Then if I am understanding you correctly the term “admissible” is not the right one because appeals courts generally do not hold evidentiary hearings and consider evidence submitted. The trial court instead looks at the record developed in the trial court and makes its determinations from the facts set forth there. They do not generally consider documents submitted outside the record that the trial court did not get to see and consider. In short, I don't think the appeals court is going to consider your declarations without them first having been admitted by the trial court and entered in the record. Indeed, the declarations are probably inadmissible hearsay and you would have had to testify as to the matters at issue and give the opposing side the chance to cross examine and challenge your testimony. Appeals courts don't do that; trials courts do. 

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Then if I am understanding you correctly the term “admissible” is not the right one because appeals courts generally do not hold evidentiary hearings and consider evidence submitted.

 

Ok, let me use the word 'inappropriate' instead of 'inadmissible' would be inappropriate for a declaration supporting a claim of ineffective assistance of counsel that set-out material facts that occurred out-side the record leading to the hearing all the way to the actual hearing itself to be considered on appeal.  

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The appellate court will not consider statements that are not on the record.  Ineffective assistance of counsel is generally based on what was or was not presented to the trial court.  It sometimes occurs, especially in capital cases, that matters extraneous to the trial are considered.  Evidence of such evidence is usually developed during habeas corpus hearings in a federal court after the appelate court is finished.

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