What is the test for ineffective assistance of counsel?

California, United States of America


The following excerpt is from People v. Linares, B267709 (Cal. App. 2017):

A defendant claiming ineffective assistance of counsel, must demonstrate that counsel's failure to object amounted to error "so serious that counsel was not functioning as the 'counsel' guaranteed the defendant by the Sixth Amendment." (Strickland v. Washington, supra, 466 U.S. at p. 687.) We do not find that three references to the name of an evidence collection package, over five days of testimony to be so inflammatory or prejudicial that a failure to object to use of the name suggests that defense counsel was not functioning as effective counsel.

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