What is the burden of sustaining a charge of inadequate or ineffective representation?
California, United States of America
The following excerpt is from People v. MANAI, B222741, No. YA06344 (Cal. App. 2011):
"'The burden of sustaining a charge of inadequate or ineffective representation is upon the defendant. The proof . . . must be a demonstrable reality and not a speculative matter.' [Citation.]" (People v. Karis (1988) 46 Cal.3d 612, 656.) There is a presumption the challenged action "'might be considered sound trial strategy'" under the
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