What is the test for reasonable probability in ineffective assistance cases?
MultiRegion, United States of America
The following excerpt is from Edwards v. Godwin, No. 2:20-cv-00530 TLN GGH P (E.D. Cal. 2021):
Understanding that "reasonable probability" in the ineffective assistance context means something less than an actual. Rather, "[t]he likelihood of a different result must be substantial, not just conceivable." Harrington v. Richter, 562 U.S. 86, 112 (2011). In other words, a
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substantial undermining of confidence in the outcome. The undersigned sees little, if any, daylight between the two definitions.
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