California, United States of America
The following excerpt is from People v. Ciauri, B285436 (Cal. App. 2019):
To establish ineffective assistance of counsel, an appellant "bears the burden of showing by a preponderance of the evidence that (1) counsel's performance was deficient because it fell below an objective standard of reasonableness under prevailing professional norms, and (2) counsel's deficiencies resulted in prejudice." (People v. Centeno (2014) 60 Cal.4th 659, 674.) To show deficient performance where the record does not explain why counsel acted or failed to act in the allegedly deficient manner, the appellant must show there was "'"'no conceivable tactical purpose'"'" for counsel's act or omission. (Id. at p. 675.) To show prejudice, the appellant must show a reasonable probability of a more favorable result but for the act or omission. (Id. at p. 676.)
2. References to Gang Membership and "Gangster Justice"
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