When a defendant claims that he was denied effective assistance of counsel, does he have to carry his burden of proving prejudice as a "demonstrable reality"?

California, United States of America

The following excerpt is from People v. Bolden, 2d Crim. No. B279782 (Cal. App. 2017):

When a defendant claims that he was denied effective assistance of counsel, he "must carry his burden of proving prejudice as a 'demonstrable reality,' not simply speculation as to the effect of the errors or omissions of counsel. [Citation.]" (People v. Williams (1988) 44 Cal.3d 883, 937.) Here, appellant has engaged in speculation as to the effect of counsel's allegedly deficient performance. He has therefore not carried his burden of proving prejudice.

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