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.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.