Does appellant have to prove that he was denied effective assistance of counsel by defense counsel's failure to preserve or preserve the issue of limiting the right of his mother to make educational decisions for him?

California, United States of America


The following excerpt is from People v. I.M. (In re I.M.), F066477 (Cal. App. 2014):

Alternatively, appellant contends he was denied the effective assistance of counsel by defense counsel's failure to preserve these issues by objecting in the juvenile court. However, appellant has again failed to show he was prejudiced by defense counsel's alleged deficient representation. (Strickland v. Washington, supra, 466 U.S. at p. 697.)

"[I]t is defendant's burden on appeal to affirmatively demonstrate errorit will not be presumed. [Citations.]" (People v. White Eagle (1996) 48 Cal.App.4th 1511, 1523.) Accordingly, we will not presume that the court failed to consider limiting the right of appellant's mother to make educational decisions for him because appellant does not cite any evidence in the record that supports this contention.

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