What is the burden of establishing ineffectiveness of counsel at trial?

California, United States of America


The following excerpt is from People v. Benjamin, 124 Cal.Rptr. 799, 52 Cal.App.3d 63 (Cal. App. 1975):

Appellant has the burden of establishing counsel's ineffectiveness as a matter of demonstrable reality and not as a speculative matter. (People v. Jenkins, 13 Cal.3d 749, 753, 119 Cal.Rptr. 705, 532 P.2d 857.) The record must show that counsel was ignorant of the facts or the law and that such ignorance resulted in a withdrawal of a crucial defense, reducing the trial to a 'farce and a sham.' (People v. Jenkins, supra, 13 Cal.3d at p. 753, 119

Page 814

[52 Cal.App.3d 86] We reply to appellant's assertions of inadequate counsel as follows:

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