What is the burden of proving inadequate trial assistance on the appellant?

California, United States of America


The following excerpt is from People v. Szarvas, 142 Cal.App.3d 511, 191 Cal.Rptr. 117 (Cal. App. 1983):

"Of course, the burden of proving a claim of inadequate trial assistance is on the appellant." (People v. Camden, supra, 16 Cal.3d at p. 816 [129 Cal.Rptr. 438, 548 P.2d 1110].) Thus, appellant must show that trial counsel failed to act in a manner to be expected of reasonably competent attorneys acting as diligent advocates. In addition, appellant must establish that counsel's acts or omissions resulted in the withdrawal of a potentially meritorious defense.

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