What is the test for denying a defendant's Sixth Amendment right to effective assistance of counsel?

California, United States of America


The following excerpt is from People v. Oriarte, A145065 (Cal. App. 2016):

In order to determine whether a defendant's Sixth Amendment right to effective assistance of counsel was violated, defendant must establish (1) his attorney's deficient performance and (2) prejudice. (Strickland v. Washington (1984) 466 U.S. 668, 687.) Here, there was neither deficient performance nor prejudice. For the reasons discussed above, under the circumstances shown by the evidence there clearly was no illegal detention. Counsel cannot be faulted for failing to assert a groundless argument. Moreover, since the alert from the police dog undoubtedly provided reasonable cause to

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