Is prejudice shown when there is a reasonable probability that the result of the proceeding would have been different?
California, United States of America
The following excerpt is from People v. Flores, E060209 (Cal. App. 2015):
As to prejudice, "[p]rejudice is shown when there is a 'reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' [Citations.]" (People v. Jennings (1991) 53 Cal.3d 334, 357.)
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