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