California, United States of America
The following excerpt is from People v. Purdie, G049913 (Cal. App. 2014):
"'In order to demonstrate ineffective assistance of counsel, a defendant must first show counsel's performance was "deficient . . . ." "Second, he must also show prejudice flowing from counsel's performance or lack thereof. [Citations.] Prejudice is shown when there is a '"reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome." [Citations.]' [Citation.]" (People v. Goldman (2014) 225 Cal.App.4th 950, 957.)
Generally, "[i]t is not necessary for us to consider the performance prong of the test before considering whether the defendant suffered prejudice as a result of counsel's alleged deficiencies. [Citation.] 'If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, . . . that course should be followed.' [Citation.]" (People v. Goldman, supra, 225 Cal.App.4th at pp. 957-958.) That is the course we follow here because there was no prejudice.
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.