California, United States of America
The following excerpt is from People v. Polanco, B256581 (Cal. App. 2016):
To establish a claim for ineffective assistance of counsel, a defendant must show that counsel's representation fell below an objective standard of reasonableness, and that defendant was prejudiced, i.e., there was a reasonable probability of a better result with adequate representation. (People v. Williams (2013) 56 Cal.4th 630, 690.) Here, even if defense counsel should have requested a limiting instruction regarding the fresh complaint evidence, or if he should have objected to CALCRIM No. 318, we perceive no prejudice. Because minor testified, the prosecutor could have sought to have the out-of-court statements admitted as prior consistent or inconsistent statements. Consequently, there is no probability that appellant would have obtained a better result had a limiting instruction been requested, or if the trial court had chosen not to instruct the jury pursuant to CALCRIM No. 318.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.