California, United States of America
The following excerpt is from The People v. Cooper, B222590, No. LA055322 (Cal. App. 2010):
Appellant claims ineffective assistance of counsel based on his trial counsel's failure to challenge the racial makeup of the jury and various witness statements. "In assessing claims of ineffective assistance of trial counsel, we consider whether counsel's representation fell below an objective standard of reasonableness under prevailing professional norms and whether the defendant suffered prejudice to a reasonable probability, that is, a probability sufficient to undermine confidence in the outcome. [Citations.] A reviewing court will indulge in a presumption that counsel's performance fell within the wide range of professional competence and that counsel's actions and inactions can be explained as a matter of sound trial strategy.... If the record on appeal sheds no light on why counsel acted or failed to act in the manner challenged, an appellate claim of ineffective assistance of counsel must be rejected unless counsel was asked for an explanation and failed to provide one, or there simply could be no satisfactory explanation. [Citations.]" (People v. Gamache (2010) 48 Cal.4th 347, 391;
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see Strickland v. Washington (1984) 466 U.S. 668, 694.)
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