How does the Court of Appeal review performance of counsel's performance?

MultiRegion, United States of America

The following excerpt is from Fellman v. Poole, 33 F.3d 58 (9th Cir. 1994):

Our review of counsel's performance is highly deferential, and we "must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance." Strickland v. Washington, 466 U.S. 668, 689 (1984). Petitioner must establish that counsel's performance was deficient and that the deficient performance prejudiced her defense. Id. at 687. To demonstrate prejudice, petitioner must show that "there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Id. at 694.

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