Is ineffective assistance of counsel ineffective on the basis of prejudice?
California, United States of America
The following excerpt is from People v. Botello, D059714 (Cal. App. 2013):
On this record, a careful prejudice analysis is warranted at the outset. (See Strickland v. Washington, supra, 466 U.S. at p. 697; In re Cox (2003) 30 Cal.4th 974, 1019-1020 [court may dispose of ineffective assistance of counsel claim on the ground of lack of sufficient prejudice, without first addressing whether counsel was ineffective].) For his part, Botello argues his counsel's performance was prejudicial because, in his
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