What is the test for a claim of ineffective assistance of counsel based on a trial attorney's failure to make a motion?

California, United States of America


The following excerpt is from People v. Vu, G055556 (Cal. App. 2019):

"A claim of ineffective assistance of counsel based on a trial attorney's failure to make a motion . . . must demonstrate not only the absence of a tactical reason for the omission [citation], but also that the motion . . . would have been meritorious if the defendant is to bear his burden of demonstrating that it is reasonably probable that absent the omission a determination more favorable to defendant would have resulted." (People v. Mattson (1990) 50 Cal.3d 826, 876.) More precisely, "[t]o establish

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