What is the test for ineffective assistance of counsel on appeal?

California, United States of America


The following excerpt is from People v. Ward, B243600 (Cal. App. 2014):

To establish ineffective assistance of counsel on appeal, a defendant must demonstrate that: (1) his attorney's performance fell below an objective standard of reasonableness; and (2) there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been more favorable to the defendant. (Strickland v. Washington (1984) 466 U.S. 668, 688, 694.) A reasonable probability is a probability sufficient to undermine confidence in the outcome. (Ibid.)

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