What is the test for ineffective assistance of counsel?

California, United States of America


The following excerpt is from People v. Nunez, E071815 (Cal. App. 2021):

inactions can be explained as a matter of sound trial strategy." [Citation.] If the record "sheds no light on why counsel acted or failed to act in the manner challenged," an appellate claim of ineffective assistance of counsel must be rejected "unless counsel was asked for an explanation and failed to provide one, or unless there simply could be no satisfactory explanation." [Citations.] If a defendant meets the burden of establishing that counsel's performance was deficient, he or she also must show that counsel's deficiencies resulted in prejudice, that is, a "reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." ' " (People v. Bell (2019) 7 Cal.5th 70, 125; see Strickland v. Washington (1984) 466 U.S. 668, 687-688.)

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