California, United States of America
The following excerpt is from People v. Macias, E051726, Super.Ct.No. RIF10000681 (Cal. App. 2011):
"To prevail on a claim of ineffective assistance of counsel, [defendant] must show (1) trial counsel's performance fell below an objective standard of reasonableness under prevailing professional norms, and (2) the inadequacy was prejudicial, that is, there is a reasonable probability that but for counsel's unprofessional errors the result of the trial would have been more favorable. [Citation.] If counsel's omissions resulted from an informed tactical choice within the range of reasonable competence, the conviction must be affirmed. On appeal, the conviction must be affirmed unless there could be no conceivable reasonable purpose for counsel's omission. [Citations.]" (People v. Padilla (2002) 98 Cal.App.4th 127, 136.)
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