What is the burden of establishing that counsel's performance was below the appropriate standard of care?
California, United States of America
The following excerpt is from People v. Aguilar, D067419 (Cal. App. 2015):
Under the standards set forth in Strickland v. Washington (1984) 466 U.S. 668, the defendant bears the burden of establishing counsel's performance was below the appropriate standard of care and that as a result the defendant was prejudiced. We give deference to counsel's tactical decisions, unless they are shown to be unreasonable.
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