Your statement does not appear to have a question in it. When the Judge said what he/she said is critical to what it may mean.
Consult an experienced criminal defense lawyer to determine the ramifications of the IAC (ineffective assistance of counsel) claim.
Of course, every answer is based on the question asked and requires a more complete context. This answer should not be relied upon to make a legal decision. Seek the advice of an experienced criminal defense attorney before acting. Law Offices of Raymond G. Wigell, Ltd. Defenders of the Constitution since 1975/ Aggressive Creative Defense Strategies/ Website: www.waaltd.com 24/7 --(708) 481-4800.
You may wish to repost this with a question. Are you asking if you have a claim for malpractice? Are you asking what might happen as a result of the judge making this statement? We need more to help.
For what it's worth, once in a while, judges make mistakes. Some judges occasionally make comments like that, when they end up being mistaken, and nothing comes of it. If you are correct and the defense is not available for crime charged, then the lawyer did nothing wrong. The judge may have just made an error. This statement, if made on the record, may provide a basis for an appeal.
However, before we can assist you, we need a clear question and more information.
Best of luck.
You need to state a question and include detail on whether the judge found ineffective assistance of counsel during trial (mistrial) or in ruling on a post-trial motion for a new trial. If you won a new trial, congratulations and get a new lawyer. While it is almost inconceivable that a judge would find ineffectice assistance of counsel for failing to assert a defense that was not legally available to the defendant, I suppose stranger things have happened. www.galivanlaw.net