California, United States of America
The following excerpt is from People v. Milligan, B225563 (Cal. App. 2012):
In the second step, the trial court must decide based upon the facts it has found whether defendant was deprived of his right to the effective assistance of counseli.e., whether counsel's performance was deficient and whether the defendant was prejudiced as a result. (People v. Taylor, supra, 162 Cal.App.3d at pp. 724-725.) "To the extent that these are questions of law, the appellate court is not bound by the substantial evidence rule, but has '"the ultimate responsibility . . . to measure the facts, as found by the trier,
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