California, United States of America
The following excerpt is from People v. Lopez, F060736 (Cal. App. 2012):
Lopez has couched his challenge to the DNA testimony in terms of ineffective assistance of counsel to overcome the failure to object. A claim of ineffective assistance of counsel requires Lopez to "demonstrate (1) counsel's performance was deficient in that it fell below an objective standard of reasonableness under prevailing professional norms, and (2) counsel's deficient representation prejudiced the defendant, i.e., there is a 'reasonable probability' that, but for counsel's failings, defendant would have obtained a more favorable result. [Citations.] A 'reasonable probability' is one that is enough to undermine confidence in the outcome. [Citations.]" (People v. Dennis (1998) 17 Cal.4th 468, 540-541.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.