Does a defendant have to prove that he received ineffective assistance of counsel in the trial court?
California, United States of America
The following excerpt is from People v. McRorie, C090886 (Cal. App. 2020):
Defendant further contends he received ineffective assistance of counsel in the trial court because trial counsel did not "demand[] credit for [him] against each of the [Shasta County] cases." "A defendant claiming ineffective assistance of counsel under the federal or state Constitutions must show . . . prejudice under a test of reasonable probability of a different outcome." (People v. Osband (1996) 13 Cal.4th 622, 664.)
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