What is the legal test for ineffective representation of a criminal defendant?

California, United States of America


The following excerpt is from People v. Smothers, 281 Cal.Rptr.3d 409, 66 Cal.App.5th 829 (Cal. App. 2021):

A criminal defendant is guaranteed the right to the assistance of counsel by the Sixth Amendment to the United States Constitution and article I, section 15 of the California Constitution. "The standard for showing ineffective assistance of counsel is well settled. In assessing claims of ineffective assistance of trial counsel, we consider whether counsel's representation fell below an objective standard of reasonableness under prevailing professional norms and whether the defendant suffered prejudice to a reasonable probability, that is, a probability sufficient to undermine confidence in the outcome. [Citations.] A reviewing court will indulge in a presumption that counsel's performance fell within the wide range of professional competence and that counsel's actions and inactions can be explained as a matter of sound trial strategy. Defendant thus bears the burden of establishing constitutionally inadequate assistance of counsel. " ( People v. Gray (2005) 37 Cal.4th 168, 207, 33 Cal.Rptr.3d 451, 118 P.3d 496.)

Other Questions


What is the state of the law on a claim that a defendant's relationship with an attorney is so broken that ineffective representation is likely to result in ineffective representation? (California, United States of America)
Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)
What is the legal test for ineffective representation of a criminal defendant? (California, United States of America)
Is there an undue "chilling effect" on the procedural rights of criminal defendants when the jury instructs a criminal defendant to testify before the jury that he will be cross-examined? (California, United States of America)
Can a criminal defendant be punished more than once for the same criminal act or for a series of criminal acts? (California, United States of America)
What is the legal test for ineffective assistance at the trial of an alleged criminal defendant? (California, United States of America)
Is a criminal offence punishable by multiple convictions for multiple offences punishable by the same criminal offence against the same defendant concurrent with one criminal offence? (California, United States of America)
What is the test for ineffective representation of a criminal defendant? (California, United States of America)
Can a defendant be convicted of both counts of membership of a criminal street gang and a charge of criminal activity under section 654 of the California Criminal Code? (California, United States of America)
Can a criminal defendant who has received legal representation at public expense be ordered to pay the county's defense costs? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.