§ 4.16.9 Arguing Ineffective Assistance of Counsel On Appeal. Appellate counsel cannot argue ineffective assistance of trial counsel, whether or not appellate counsel also was trial counsel because issues of ineffective assistance of counsel require the development of facts and thus cannot be handled on direct appeal. State ex rel. Thomas v. Rayes, 153 P.3d 1040, 1043-44, ¶¶ 16-17, 214 Ariz. 411, 414-15 (2007); State v. Spreitz, 202 Ariz. 1, 3, ¶ 9, 39 P.3d 525, 527 (2002); see also State v. Ellison, 213...
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§ 4.16.9 Arguing Ineffective Assistance of Counsel On Appeal.
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