What is the test for ineffective assistance of counsel?

California, United States of America


The following excerpt is from People v. Cardoso, F069505 (Cal. App. 2016):

of ineffective assistance of counsel requires the defendant 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, supra, 17 Cal.4th at pp. 540-541; see generally Strickland v. Washington (1984) 466 U.S. 668, 687-694.)

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