What is the burden of proving ineffective trial counsel?

California, United States of America


The following excerpt is from People v. Ramos, C081108 (Cal. App. 2017):

We conclude defendant has failed to meet his burden of establishing that trial counsel was ineffective. There is no express explanation for the challenged aspect of trial counsel's representation. On this record, we cannot conclude that there is no satisfactory explanation for the challenged conduct. Counsel could have reasonably concluded that it was tactically unwise to introduce character evidence and allow the prosecutor to present like evidence in rebuttal to show likelihood of guilt. (See People v. Tuggles (2009) 179 Cal.App.4th 339, 357 ["A defendant who elicits character or reputation testimony opens the door to the prosecution's introduction of hearsay evidence that undermines testimony of his good reputation or of character inconsistent with the charged offense."].)2 Because deficient performance is not shown, there is no need to address prejudice.

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