California, United States of America
The following excerpt is from People v. Medina, 11 Cal.4th 694, 47 Cal.Rptr.2d 165, 906 P.2d 2 (Cal. 1995):
On direct appeal, a claim of ineffective counsel cannot be established by mere speculation regarding the "likely" testimony of potentially available witnesses. (See, e.g., People v. Jackson (1980) 28 Cal.3d 264, 288-289, 293, 168 Cal.Rptr. 603, 618 P.2d 149.) We cannot assume from a silent record that particular witnesses were ready, willing and able to give mitigating testimony, nor can we speculate concerning the probable content or substance of such testimony.
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