What is the test for ineffective representation of a criminal defendant?

California, United States of America


The following excerpt is from People v. Williams, E054765 (Cal. App. 2013):

"The test for determining whether a criminal defendant received ineffective assistance of counsel is well-settled. The court must first determine whether counsel's representation 'fell below an objective standard of reasonableness.' [Citation.] The court then inquires whether 'there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.' [Citations.] 'A reasonable probability is a probability sufficient to undermine confidence in the outcome.' [Citations.]" (People v. Jones (2010) 186 Cal.App.4th 216, 234-235.)

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