What is the test for ineffective assistance of counsel?

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.

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