California, United States of America
The following excerpt is from People v. Goddard, A150479, A150481, A152924 (Cal. App. 2018):
"When presented with a petition for a writ of habeas corpus, a court must first determine whether the petition states a prima facie case for reliefthat is, whether it states facts that, if true, entitle the petitioner to reliefand also whether the stated claims are for any reason procedurally barred. [Citation.]" (People v. Romero (1994) 8 Cal.4th 728, 737.)
To establish ineffective assistance of counsel under either federal or state law, a defendant must show that counsel's representation fell below an objective standard of reasonableness and that counsel's deficient performance was prejudicial, i.e., that a reasonable probability exists that, but for counsel's failings, the result would have been more favorable to the defendant. (People v. Waidla (2002) 22 Cal.4th 690, 718.)
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