What is the test for prejudice in a personal injury action brought by an appellant against counsel who failed to provide proper documentation?

California, United States of America


The following excerpt is from People v. Yanaga, 2d Crim. No. B267571 (Cal. App. 2018):

suffered by the defendant as a result of the alleged deficiencies." (Strickland v. Washington, supra, 466 U.S. at p. 697.) To prove prejudice, appellant "must show that there is 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." (Id. at p. 694.) As explained above, there is no reasonable probability that the result would have been different had the trial court instructed the jury pursuant to CALCRIM No. 3477.

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