What is the test for withdrawing a defense?

California, United States of America


The following excerpt is from People v. Kelley, 220 Cal.App.3d 1358, 269 Cal.Rptr. 900 (Cal. App. 1990):

" 'must show that trial counsel failed to act in a manner to be expected of reasonably competent attorneys acting as diligent advocates. In addition, [he] must establish that counsel's acts or omissions resulted in the withdrawal of a potentially meritorious defense.' " (People v. Fosselman (1983) 33 Cal.3d 572, 581, 189 Cal.Rptr. 855, 659 P.2d 1144.)

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