What is the standard for ineffective assistance of counsel?

California, United States of America


The following excerpt is from People v. Pickens, E056562 (Cal. App. 2013):

"The standard for establishing ineffective assistance of counsel is well settled. A defendant must demonstrate that: (1) his attorney's performance fell below an objective standard of reasonableness; and (2) there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been more favorable to the defendant. [Citation.] A reasonable probability is a probability sufficient to undermine confidence in the outcome. [Citation.]" (People v. Stanley (2006) 39 Cal.4th 913, 954.)

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