What is the test for a defendant's claim of deprivation of effective assistance of counsel?

California, United States of America


The following excerpt is from People v. Staten, 101 Cal.Rptr.2d 213, 11 P.3d 968, 24 Cal.4th 434 (Cal. 2000):

"Under both the Sixth Amendment to the United States Constitution and article I, section 15, of the California Constitution, a criminal defendant has the right to the assistance of counsel. [Citations.] The ultimate purpose of this right is to protect the defendant's fundamental right to a trial that is both fair in its conduct and reliable in its result. [Citations.] [] Construed in light of its purpose, the right entitles the defendant not to some bare assistance but rather to effective assistance." (People v. Ledesma (1987) 43 Cal.3d 171, 215, 233 Cal.Rptr. 404, 729 P.2d 839.) To prevail on a claim of deprivation of effective assistance of counsel, a defendant must show that trial counsel's performance was deficient under a standard of reasonableness. (Id. at pp. 216-217, 233 Cal.Rptr. 404, 729 P.2d 839.) He must also show that prejudice resulted. Although in certain contexts prejudice is presumed, generally, a "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 pp. 217-218, 233 Cal.Rptr. 404, 729 P.2d 839.) Defendant shows neither. Nothing in the record suggests that a public opinion survey was necessary or that the voir dire of prospective jurors was inadequate. Media coverage of the killings was apparently neither widespread nor persistent. The juror questionnaire included questions covering any exposure of prospective jurors to pretrial publicity. Nor does prejudice appear. Only a single juror was even aware of the case and she indicated that the information she received was "nonconclusive." 2

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