Does a defendant have to prove that defense counsel's acts or omissions constitute representation below the objective standard of reasonableness?
California, United States of America
The following excerpt is from People v. Cunningham, 108 Cal.Rptr.2d 291, 25 Cal.4th 926, 25 P.3d 519 (Cal. 2001):
Defendant has not demonstrated that defense counsel's acts or omissions constituted representation below an objective standard of reasonableness, nor has he demonstrated prejudice. (People v. Lucero, supra, 23 Cal.4th 692, 728, 97 Cal. Rptr.2d 871, 3 P.3d 248.)
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