What is the test for ineffective assistance of counsel?

California, United States of America


The following excerpt is from People v. Bowman, C083191 (Cal. App. 2017):

To establish ineffective assistance of counsel, a defendant must demonstrate that his counsel's performance was deficient and that defendant suffered prejudice as a result. (People v. Ledesma (1987) 43 Cal.3d 171, 216-217.) Counsel's performance was deficient if his or her representation " 'fell below an objective standard of reasonableness . . . under prevailing professional norms.' " (Id. at p. 216.) To show prejudice, defendant must show a reasonable probability that he would have received a more favorable result had counsel's performance not been deficient. (Id. at pp. 217-218.) " 'A reasonable

Page 8

probability is a probability sufficient to undermine confidence in the outcome.' " (Id. at p. 218.)

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.