What is the burden of proving that counsel deficient performance was reasonable under prevailing professional norms?

California, United States of America


The following excerpt is from People v. Gutierrez, D069706 (Cal. App. 2017):

of reasonableness . . . under prevailing professional norms.' [Citation.] To demonstrate prejudice, defendant bears the burden of showing a reasonable probability that, but for counsel's deficient performance, the outcome of the proceeding would have been different. [Citation.]" (People v. Mickel (2016) 2 Cal.5th 181, 198.)

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