Legal Question in Appeals and Writs in California

It is only ineffective assistance of counsel if the attorney failed to call the witness without a

reason. In other word if the attorney had any reason for not calling the witness it is not Ineffective assistance even if there were good reasons for calling the witness.

It could be. But the lawyer might have had good reasons not to call that witness. Even if there was no good reason, you would still have to show a strong likelihood that her testimony would have led to a more favorable outcome.

You should discuss your case in detail with an experienced appellate lawyer to see whether you have a viable argument. Feel free to contact me directly. I have twenty years of appellate experience, and am certified by the State Bar's Board of Legal Specialization as a specialist in appellate practice.

Good luck.