What is the test for ineffective assistance of counsel?
California, United States of America
The following excerpt is from People v. Mousa, A128906 (Cal. App. 2012):
As to these decisions, there is no affirmative evidence in the record of counsel's incompetence. On a direct appeal, relief will be granted for ineffective assistance of counsel only when the record demonstrates there could have been no rational tactical purpose for counsel's challenged act or omission. (People v. Lucas (1995) 12 Cal.4th 415, 442 (Lucas).) When, however, the record " ' "sheds no light on why counsel acted or failed to act in the manner challenged[,] . . . unless counsel was asked for an explanation and failed to provide one, or unless there simply could be no satisfactory
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explanation," the claim on appeal must be rejected.' [Citations.]" (People v. Mendoza Tello (1997) 15 Cal.4th 264, 266.) Case law recognizes that counsel's omission may have been based, in part, on legitimate considerations that do not appear on the record. (Lucas, supra, 12 Cal.4th at p. 443.)
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