What is the test for establishing prejudice on a claim of ineffective assistance of counsel?

California, United States of America


The following excerpt is from People v. Blair, F074875 (Cal. App. 2019):

Establishing prejudice on a claim of ineffective assistance of counsel requires a showing that there is a reasonable probability the outcome would have been different without counsel's errors. (In re Valdez (2010) 49 Cal.4th 715, 729.) When overwhelming evidence negates prejudice from the underlying failure to object, a claim of ineffective assistance fails. (See, e.g., People v. Denard (2015) 242 Cal.App.4th 1012, 1020-1021 & fn. 2.)14

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