What is the burden of proving prejudice against a defendant in a personal injury case?
MultiRegion, United States of America
The following excerpt is from Espinoza v. Hatton, Case No.: 10cv397-WQH-BGS (S.D. Cal. 2020):
Additionally, to demonstrate prejudice, the defendant has the burden of proving that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. Laboa v. Calderon, 224 F.3d 972, 981 (9th Cir. 2000). Petitioner must show that "counsel's errors were so serious as to deprive [petitioner] of a fair trial, a trial whose result is reliable." Strickland, 466 U.S. at 687.
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