California, United States of America
The following excerpt is from People v. Daye, 222 Cal.Rptr. 614 (Cal. App. 1986):
A defendant may prove ineffective assistance of counsel by establishing his attorney "failed to perform with reasonable competence and that it is reasonably probable a determination more favorable to the defendant would have resulted in the absence of counsel's failings." (People v. Fosselman (1983) 33 Cal.3d 572, 584, 189 Cal.Rptr. 855, 659 P.2d 1144.) A conviction will be reversed "on the ground of inadequate counsel only if the record on appeal affirmatively discloses that counsel had no rational tactical purpose for his act or omission." (Id. at p. 581, 189 Cal.Rptr. 855, 659 P.2d 1144.) " 'Counsel is not required to make futile objections or motions merely to create a record impregnable to assault for claimed inadequacy of counsel.' " (People v. Harpool, supra, 155 Cal.App.3d at p. 886, 202 Cal.Rptr. 467.)
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