What is the test for a motion alleging ineffective assistance of counsel in admitting text messages between a defendant and her sister?

California, United States of America


The following excerpt is from People v. Howard, B271373 (Cal. App. 2018):

2. Defendant contends counsel's failure to object constitutes ineffective assistance of counsel. We reject this claim based on our conclusion, post, that any error in admitting the text messages was not prejudicial. (See Strickland v. Washington (1984) 466 U.S. 668, 697 [claim of ineffective assistance of counsel may be resolved solely by "examining the prejudice suffered by the defendant as a result of the alleged deficiencies"].)

3. K.R. gave defendant the number for her sister's cell phone, which K.R. was using at that time.

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