What is the test for establishing ineffective assistance of counsel?

California, United States of America


The following excerpt is from Toscano v. Katrina C. (In re Conservatorship Pers. of Katrina C.), B292159 (Cal. App. 2019):

discloses that counsel had no rational tactical purpose for [his or her] act or omission.' " [Citation.]' [Citation.] If the record on appeal ' " 'sheds no light on why counsel . . . failed to act in the manner challenged[,] . . . unless counsel was asked for an explanation and failed to provide one, or unless there simply could be no satisfactory explanation,' the claim on appeal must be rejected" ' . . . . [Citation.]" (People v. Vines (2011) 51 Cal.4th 830, 871-872, italics added, overruled on another ground in People v. Hardy (2018) 5 Cal.5th 56, 104-105.)

" 'Judicial scrutiny of counsel's performance must be highly deferential. . . . [I]t is all too easy for a court, examining counsel's defense after it has proved unsuccessful, to conclude that a particular act or omission of counsel was unreasonable. . . . [T]he [appellant] must overcome the presumption that, under the circumstances, the challenged action "might be considered sound trial strategy." [Citation.]' [Citation.]" (In re Valdez (2010) 49 Cal.4th 715, 729-730, italics added.) Where "a valid possible explanation" exists for counsel's alleged failure, the appellant "has failed to establish ineffective assistance of counsel." (Cf. People v. Diaz (1992) 3 Cal.4th 495, 563.)

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Is ineffective assistance of counsel ineffective on the grounds that the trial attorney failed to object to the insufficiency of admonitions? (California, United States of America)
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