California, United States of America
The following excerpt is from People v. Batres, B225564, Los Angeles County Super. Ct. No. BA355670 (Cal. App. 2011):
Finally, defendant argues he was denied his constitutional right to the effective assistance of counsel. The burden is on defendant to establish ineffective assistance by a preponderance of the evidence. (People v. Ledesma (1987) 43 Cal.3d 171, 218.) There are two elements to an ineffective assistance claim. "[A] defendant seeking relief on the basis of ineffective assistance must show both that trial counsel failed to act in a manner to be expected of reasonably competent attorneys acting as diligent advocates, and that it is reasonably probable a more favorable determination would have resulted in the
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