California, United States of America
The following excerpt is from People v. Esparza, B259578 (Cal. App. 2016):
"[A] defendant claiming ineffective representation 'must show both that his counsel's performance was deficient when measured against the standard of a reasonably competent attorney and that counsel's deficient performance resulted in prejudice to defendant in the sense that it "so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result." [Citations.]'" (People v. Mendoza (2000) 24 Cal.4th 130, 158, quoting People v. Kipp (1998) 18 Cal.4th 349, 366.) "Because after a conviction it is all too easy to criticize defense counsel and claim ineffective assistance, a court must eliminate the distorting effects of hindsight by indulging 'a strong presumption that
Page 14
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.