What is the burden of ineffective assistance of counsel?

California, United States of America


The following excerpt is from People v. Demelew, D066802 (Cal. App. 2016):

In order to establish ineffective assistance of counsel, a defendant has the burden to show that counsel's performance fell well below the standard of reasonableness under prevailing professional norms and that the deficiency undermined the fairness of the defendant's trial. (Strickland v. Washington (1984) 466 U.S. 668, 687.)

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