What is the test for ineffective assistance of counsel?

California, United States of America


The following excerpt is from The People v. Stevens, 111 Cal.Rptr.2d 633 (Cal. App. 2001):

Recognizing that his claims of error regarding the attorney fees order likely were waived by defense counsel's failure to raise them below, defendant contends he received ineffective assistance of counsel. To prevail on an ineffective assistance of counsel claim, a defendant must show "that his counsel's performance was deficient when measured against the standard of a reasonably competent attorney and that counsel's deficient performance resulted in prejudice to defendant." (People v. Kipp (1998) 18 Cal.4th 349, 366.) On the first element, defendant contends his counsel's performance was deficient because "there is no credible reason or valid tactical reason for trial counsel failing to object to the court's imposition of attorney fees." We disagree.

Other Questions


What is the record of the appellant's appeal against a finding that counsel provided ineffective assistance and ineffective assistance to counsel? (California, United States of America)
Is ineffective assistance to counsel ineffective assistance of counsel? (California, United States of America)
Is ineffective assistance of counsel ineffective assistance on appeal? (California, United States of America)
Is ineffective assistance of counsel ineffective when counsel fails to object to the issue? (California, United States of America)
Is ineffective assistance the burden of proving ineffective assistance of counsel? (California, United States of America)
Does a motion for a new trial on ineffective assistance of counsel fail to address the issue of ineffective assistance? (California, United States of America)
Does ineffective assistance of counsel constitute ineffective representation of counsel? (California, United States of America)
Is ineffective assistance ineffective assistance based on a trial counsel's failure to object to a restitution order? (California, United States of America)
Is ineffective assistance of counsel ineffective when a defense attorney fails to raise a meritless objection? (California, United States of America)
What is the effect of ineffective assistance on the ineffective assistance claim? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.