In what circumstances will a defendant have to prove that he would not have pleaded guilty to a charge of sexual assault had counsel's errors been corrected?
MultiRegion, United States of America
The following excerpt is from United States v. Klipp, No. 2:14-cr-00107 TLN-KJN (E.D. Cal. 2020):
other words, in order to satisfy the 'prejudice' requirement, the defendant must show that there is a reasonable probability that, but for counsel's errors, he would not have pleaded guilty and would have insisted on going to trial." Id.; see also Washington v. Lampert, 422 F.3d 864, 873 (9th Cir. 2005).
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