What is the test for ineffective assistance of trial counsel?

California, United States of America


The following excerpt is from People v. Vega, F070233 (Cal. App. 2017):

Finally, defendant has failed to demonstrate the second prong of ineffective assistance of trial counsel: prejudice. Defendant must show a reasonable probability thatbut for counsel's mistakesdefendant would have achieved a more favorable outcome. (Williams v. Taylor, supra, 529 U.S. at pp. 391, 394.) A reasonable probability is one sufficient to undermine confidence in the outcome. (In re Hardy, supra, 41 Cal.4th at p. 1018.)

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If a defendant makes a motion for a continuance of trial on grounds of ineffective assistance of counsel at trial, is it appropriate to appoint a new counsel to prepare the motion? (California, United States of America)
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