What is the test for ineffective assistance of counsel?

California, United States of America


The following excerpt is from People v. Hernandez, E065780 (Cal. App. 2017):

Finally, we reject defendant's summary assertion that he received ineffective assistance of counsel when his attorney failed to investigate the case, prepare his testimony, or call witnesses to support his story. To prevail on a claim of ineffective assistance of counsel, the defendant must show that counsel's performance fell below a standard of reasonable competence, and that there is a reasonable probability the result would have been more favorable to the defense in the absence of counsel's deficient performance. (Strickland v. Washington (1984) 466 U.S. 668, 687-688.) The defendant bears the burden of proving ineffective assistance of counsel by a preponderance of the

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