Post-Conviction Relief for Immigrants

The trial court can err in failing to focus on the breakdown of the relationship between defendant and counsel when considering defendant’s motion to substitute counsel.  Even if counsel is competent, a serious breakdown in communications can result in an inadequate defense.[276]  The trial court’s suggestion that the defendant could raise the issue on appeal was “destructive of fundamental due process.  By incorrectly limiting the defendant’s arguments, the suggestion risks undermining the defendant’s rights on appeal and on retrial after an appeal.”[277]

[276] United States v. Musa, 220 F.3d 1096, 1102 (9th Cir. 2000).

[277] United States v. Nguyen, 235 F.3d 1179 (9th Cir. 2000).