What is the defence's burden to prove a reasonable probability that there would have been a different outcome?
California, United States of America
The following excerpt is from People v. Rosas, B284617 (Cal. App. 2018):
It is the defense's burden to demonstrate "a reasonable probability that . . . the result of the proceeding would have been different"; such a probability must be one "sufficient to undermine confidence in the outcome," here in the verdicts of guilty on all four counts. (Strickland v. Washington, supra, 466 U.S., at p. 694.) Defendant did not and cannot meet that burden.
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