What is the burden of proving ineffective assistance on appeal?

California, United States of America


The following excerpt is from People v. Rodriguez, A147602 (Cal. App. 2017):

Rodriguez maintains his trial counsel provided ineffective assistance by "prevent[ing]" Rodriguez from testifying fully and completely in his own defense. Specifically, he complains defense counsel thwarted his constitutional right to testify in his own defense, by failing to ask Rodriguez to explain why Doe 1 would falsely accuse him. Rodriguez has failed to meet his burden to show inadequacy of counsel. (People v. Anzalone (2006) 141 Cal.App.4th 380, 394 ["[i]t is the defendant's burden to demonstrate the inadequacy of trial counsel," which "is difficult to carry on direct appeal"].)

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