Mar. 15, 2023 – People v. Ruiz (2nd Dist., Div. 8, B312062)

At a CDCR-initiated recall and resentencing hearing, trial counsel spoke less than 50 words, did not remember his client, and did not file any documents. The attorney was later diagnosed with a brain tumor that caused significant mental deterioration and died later that year. The Court of Appeal grants the petition for writ of habeas corpus and remands for a new resentencing hearing, finding the attorney’s performance amounted to a complete denial of counsel within the meaning of United States v. Cronic (1984) 466 U.S. 648, 659.