Is there a reasonable probability that counsel would have obtained a more favourable result?

California, United States of America


The following excerpt is from People v. Hernandez, F068543 (Cal. App. 2015):

that, but for counsel's failings, defendant would have obtained a more favorable result. [Citations.] A 'reasonable probability' is one that is enough to undermine confidence in the outcome. [Citations.] [] Our review is deferential; we make every effort to avoid the distorting effects of hindsight and to evaluate counsel's conduct from counsel's perspective at the time. [Citation.] A court must indulge a strong presumption that counsel's acts were within the wide range of reasonable professional assistance. [Citation.] ... Nevertheless, deference is not abdication; it cannot shield counsel's performance from meaningful scrutiny or automatically validate challenged acts and omissions." (People v. Dennis (1998) 17 Cal.4th 468, 540-541.)

Other Questions


What is the test for failing to provide a reasonable probability that defendant would have obtained a more favourable result if counsel had failed to provide counsel with reasonable counsel? (California, United States of America)
What is the test for a reasonable probability of a more favourable result under the reasonable beyond reasonable doubt standard? (California, United States of America)
Is there a reasonable probability that defendant would have obtained a more favorable result absent counsel's shortcomings? (California, United States of America)
If counsel discovered that the burglary had been reduced to a misdemeanor, and lodged an objection below, would counsel have discovered that counsel had discovered that Counsel had discovered it was a misdemeanor? (California, United States of America)
Does defendant have demonstrated any reasonable probability of a more favourable result if defense counsel objected to the prosecutor's rebuttal argument? (California, United States of America)
Is there a reasonable probability that there was no reasonable probability of error affecting a result? (California, United States of America)
Is there a reasonable probability that counsel's ineffective representation would have resulted in a different outcome? (California, United States of America)
Does counsel render ineffective assistance by failing to make motions or objections that counsel reasonably determines would be futile? (California, United States of America)
What is the test for "probable and reasonable" or "reasonably foreseeable" in addressing the natural and probable consequences of climate change? (California, United States of America)
Does defendant have to prove a reasonable probability that the result would have been different absent the alleged error? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.