What is the burden of establishing that counsel rendered ineffective assistance in connection with Amber's testimony?

California, United States of America


The following excerpt is from People v. Robinson, A153337 (Cal. App. 2020):

Defendant also asserts his counsel rendered ineffective assistance in connection with Amber's testimony. A defendant "bears the burden of establishing constitutionally inadequate assistance of counsel." (People v. Carter (2003) 30 Cal.4th 1166, 1211.) To prevail on such a claim, the defendant must prove: (1) "counsel's representation fell below an objective standard of reasonableness" in that counsel "made errors so serious that counsel was not functioning as the 'counsel' guaranteed the defendant by the

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Sixth Amendment"; and (2) there is "a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." (Strickland v. Washington (1984) 466 U.S. 668, 687-688, 694.)

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