What is the burden of incompetence of counsel on a motion for a new trial?
California, United States of America
The following excerpt is from People v. Ellis, No. C060536 (Cal. App. 4/14/2010), No. C060536. (Cal. App. 2010):
To show incompetence of counsel, defendant had the burden on the new trial motion to show trial counsel acted below professional norms and that his failings caused prejudice. (People v. Ledesma (1987) 43 Cal.3d 171, 215-218.) On this record, defendant cannot show either element of his claim.
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