What is the standard for a claim of ineffective counsel?

California, United States of America


The following excerpt is from People v. Vidal-Rizo, F078082 (Cal. App. 2021):

As noted above, the standard for evaluating a claim of ineffective counsel is as follows: "First, the defendant must show that counsel's performance was deficient.... Second, the defendant must show that the deficient performance prejudiced the defense." (Strickland v. Washington, supra, 466 U.S. at p. 687.) To establish deficient performance, "the defendant must show that counsel's representation fell below an objective standard of reasonableness." (Id. at p. 688.) To establish prejudice, "[t]he defendant must show that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome." (Id. at p. 694.)

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