What is the standard for ineffective assistance of counsel?

California, United States of America


The following excerpt is from People v. Beaudrie, 147 Cal.App.3d 686, 195 Cal.Rptr. 289 (Cal. App. 1983):

To demonstrate ineffective assistance of counsel, " '[Defendant] must show that trial counsel failed to act in a manner to be expected of reasonably competent attorneys acting as diligent advocates. In addition, [he] must establish that counsel's acts or omissions resulted in withdrawal of a potentially meritorious defense...' [ [or] ] counsel failed to perform with reasonable competence and that it is reasonably probable a determination more favorable to the defendant would have resulted in the absence of counsel's failings. [ [Citations] ]." 11 (People v. Fosselman (1983) 33 Cal.3d 572, 581-584, 189 Cal.Rptr. 855, 659 P.2d 1144.) With this standard in mind, we consider each claimed inadequacy in the order presented.

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