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

California, United States of America


The following excerpt is from People v. Riley, C053765 (Cal. App. 1/11/2008), C053765 (Cal. App. 2008):

To establish ineffective assistance of trial counsel on direct appeal, a defendant must show: (1) counsel's representation fell below an objective standard of reasonableness under prevailing professional norms; and (2) the defendant was prejudiced as a result. (People v. Lucas (1995) 12 Cal.4th 415, 436.) Prejudice is shown when there is a reasonable probability that, but for counsel's errors, the result of the proceeding would have been different. (Ibid.) "Reviewing courts defer to counsel's reasonable tactical decisions in examining a claim of ineffective assistance of counsel [citation], and there is a `strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance.'" (Id. at pp. 436-437.) We reverse a conviction on direct appeal due to ineffectiveness of counsel only where the record of the trial itself, without regard to any other evidence such as declarations or affidavits from trial counsel, "`"affirmatively discloses that counsel had no rational tactical purpose for [his or her] act or omission."'" (Id. at p. 437.)

Other Questions


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Is a defendant's failure to object on appeal cognizable because the issue is not cognizable on appeal because trial counsel rendered ineffective assistance by failing to object? (California, United States of America)
Is ineffective assistance ineffective assistance based on a trial counsel's failure to object to a restitution order? (California, United States of America)
Is ineffective assistance of counsel ineffective assistance on appeal? (California, United States of America)
Is ineffective assistance to counsel ineffective assistance of counsel? (California, United States of America)
Is ineffective assistance of counsel ineffective on the grounds that the trial attorney failed to object to the insufficiency of admonitions? (California, United States of America)
Is ineffective assistance of counsel more appropriately brought in a new trial motion or on a writ of habeas corpus than on appeal? (California, United States of America)
Can a defendant argue that trial counsel's failure to object to the prosecutor's remarks amounted to ineffective assistance of counsel in a habeas corpus proceeding? (California, United States of America)
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