California, United States of America
The following excerpt is from People v. Molina, B250737 (Cal. App. 2014):
Defendant's claim of ineffective assistance may also be disposed of on the ground that he has failed to show sufficient prejudice. (People v. Kipp (1998) 18 Cal.4th 349, 366.) We believe that if more inconsistencies in C.'s testimony compared to the preliminary hearing testimony had been brought out it would not have changed the verdict. The jury was instructed on imperfect memory with CALCRIM No. 226 and given guidance on evaluating a child witness with CALCRIM No. 330. The jury no doubt took these instructions into account. The evidence against defendant was overwhelming, since he admitted the most crucial elements of C.'s testimony. Defendant cannot show that, but for his attorney's performance, there is a reasonable probability the result would have been different.
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