What is the burden of proving that the performance of the trial counsel was deficient and prejudiced?
California, United States of America
The following excerpt is from People v. Limon, C071544 (Cal. App. 2014):
To prevail on this claim, defendant must show that the performance of her trial counsel was deficient and that she was prejudiced thereby. (People v. Ledesma (1987) 43 Cal.3d 171, 216-218.) The defendant has the burden of affirmatively showing error by a preponderance of the evidence. (Id. at pp. 217-218)
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