What is the burden of proving ineffective assistance of counsel?

California, United States of America


The following excerpt is from People v. Lopez, F064487 (Cal. App. 2014):

"The burden of proving ineffective assistance of counsel is on the defendant. [Citation.]" (People v. Babbitt (1988) 45 Cal.3d 660, 707.) A criminal defendant must show both deficient performance ("that trial counsel failed to act in a manner to be expected of reasonably competent attorneys acting as diligent advocates") and prejudice ("that it is reasonably probable a more favorable determination would have resulted in the absence of counsel's failings)." (People v. Price (1991) 1 Cal.4th 324, 386.) If a defendant fails to prove either one of these components, the claim of ineffective assistance of counsel fails. (People v. Rodrigues (1994) 8 Cal.4th 1060, 1126 (Rodrigues).)

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