California, United States of America
The following excerpt is from People v. Arceo, B234699 (Cal. App. 2012):
"A cognizable claim of ineffective assistance of counsel requires a showing 'counsel made errors so serious that counsel was not functioning as the "counsel" guaranteed . . . by the Sixth Amendment.' . . . '[T]he performance inquiry must be whether counsel's assistance was reasonable considering all the circumstances.' . . . To prevail on an ineffective assistance of counsel claim, a defendant must also establish counsel's performance prejudiced his defense. To establish prejudice, a defendant must demonstrate 'there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.' " (People v. Jones (2009) 178 Cal.App.4th 853, 859-860, citations omitted.) An attorney does not breach his professional standard of care by failing to make an objection that has little, if any
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