What is the test for ineffective assistance in a criminal case?

California, United States of America


The following excerpt is from People v. Gutierrez, C073796 (Cal. App. 2018):

preliminary examination." (People v. Pompa-Ortiz (1980) 27 Cal.3d 519, 529.) Where the alleged ineffective assistance is, as here, the failure to adequately cross examine the prosecution witness or otherwise contest the prosecution's case at the preliminary hearing, "no prejudice typically appears unless counsel's pretrial performance resulted in the loss of material evidence and caused tangible harm to the defense at trial." (People v. Millwee (1998) 18 Cal.4th 96, 121.)

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