What is the test for a finding of ineffective ineffective assistance of counsel?
California, United States of America
The following excerpt is from People v. Ellington, C059917 (Cal. App. 7/1/2009), C059917. (Cal. App. 2009):
In order to find that defendant suffered prejudicial ineffective assistance of counsel, defendant must show (1) counsel's performance was deficient, falling below an objective standard of reasonableness under prevailing professional norms; and (2) absent counsel's error, it is reasonably probable that the verdict would have been more favorable to him. (Strickland v. Washington (1984) 466 U.S. 668 [80 L.Ed.2d 674] (Strickland).)
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