What is the test for establishing prejudice in a motion?
California, United States of America
The following excerpt is from People v. Rodriguez, 2d Crim. No. B278435 (Cal. App. 2018):
926, 1003.) A defendant establishes prejudice by showing "'a probability sufficient to undermine confidence in the outcome.' [Citations.]" (Ibid.) The defendant must "prov[e] prejudice as a 'demonstrable reality,' not simply speculation as to the effect of the errors or omissions of counsel. [Citation.]" (People v. Williams (1988) 44 Cal.3d 883, 937.)
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