What is the test for ineffective assistance of counsel?

California, United States of America


The following excerpt is from People v. Pawlicki, D063728 (Cal. App. 2015):

Ordinarily, a defendant alleging ineffective assistance of counsel " ' "must establish not only deficient performance, i.e., representation below an objective standard of reasonableness, but also resultant prejudice." ' [Citation.] Prejudice occurs only if the record demonstrates 'a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.' [Citation.]" (People v. Lucero (2000) 23 Cal.4th 692, 728.) However, where counsel's conduct is so egregiously poor, prejudice may be presumed. (United States v. Cronic (1984) 466 U.S. 648, 661-662

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