California, United States of America
The following excerpt is from People v. Navarette, F071855 (Cal. App. 2018):
While the defense attorneys were ineffective for failing to object to this portion of prosecutor's rebuttal argument, that does not end our analysis. The next question is whether the attorneys' failure to object was prejudicial. "[P]rejudice must be affirmatively proved; the record must demonstrate 'a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' [Citations.]" (People v. Bolin (1998) 18 Cal.4th 297, 333.)
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