What is the test for a reversal of a conviction on the grounds of ineffective assistance of counsel?

California, United States of America


The following excerpt is from People v. McNeal, B260489 (Cal. App. 2016):

"To secure reversal of a conviction upon the ground of ineffective assistance of counsel under either the state or federal Constitution, a defendant must establish (1) that defense counsel's performance fell below an objective standard of reasonableness, i.e., that counsel's performance did not meet the standard to be expected of a reasonably competent attorney, and (2) that there is a reasonable probability that defendant would have obtained a more favorable result absent counsel's shortcomings. [Citations.]" (People v. Cunningham (2001) 25 Cal.4th 926, 1003.)

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