What is the test for ineffective assistance of counsel?

California, United States of America


The following excerpt is from People v. Hart, E059298 (Cal. App. 2014):

To establish ineffective assistance of counsel, defendant must show that (1) his counsel's representation fell below an objective standard of reasonableness under prevailing professional norms; and (2) counsel's deficient performance was prejudicial, i.e., a reasonable probability exists that, but for counsel's performance, the result would have been more favorable to the defendant. (Strickland v. Washington, supra, 466 U.S. at pp. 687-688.)

As discussed above, the trial court properly denied defendant's motion to vacate his conviction under section 1016.5, so any further arguments or evidence on that ground by defense counsel would have been properly rejected by the trial court, and it is not ineffective assistance for counsel to refrain from raising meritless arguments. Moreover, as we have denied defendant's claim that the trial court abused its discretion in denying his motion to vacate, we necessarily conclude that counsel's alleged "deficient performance" caused no prejudice and cannot support a claim of ineffective assistance of counsel. (See People v. Hart (1999) 20 Cal.4th 546, 623-624, 85 Cal.Rptr.2d 132, 976 P.2d 683.)

Page 16

The order denying defendant's motion to vacate the judgment under section 1016.5 is affirmed.

Other Questions


What is the record of the appellant's appeal against a finding that counsel provided ineffective assistance and ineffective assistance to counsel? (California, United States of America)
Is ineffective assistance to counsel ineffective assistance of counsel? (California, United States of America)
Is ineffective assistance of counsel ineffective assistance on appeal? (California, United States of America)
Is ineffective assistance of counsel ineffective when counsel fails to object to the issue? (California, United States of America)
Is ineffective assistance the burden of proving ineffective assistance of counsel? (California, United States of America)
Does a motion for a new trial on ineffective assistance of counsel fail to address the issue of ineffective assistance? (California, United States of America)
Does ineffective assistance of counsel constitute ineffective representation of counsel? (California, United States of America)
Is ineffective assistance ineffective assistance based on a trial counsel's failure to object to a restitution order? (California, United States of America)
Is ineffective assistance of counsel ineffective when a defense attorney fails to raise a meritless objection? (California, United States of America)
What is the effect of ineffective assistance on the ineffective assistance claim? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.