What is the burden of proving prejudice in the context of the Court of Appeal's opinion on the issue?

19 The majority appears to suggest that the defendant bears the burden of proving prejudice ("the accused must establish that counsel's errors prejudiced the defense." Majority Opinion at 1327). Yet at another point in the opinion the majority seems to imply that the prosecution might have to establish the absence of prejudice ("absence of prejudice is not established by demonstrating that no single error considered alone significantly impaired the defense." Majority Opinion at 1333). In discussing the decisions of other circuits, the majority appears to adopt a neutral position on the burden of proof issue ("reversal is not required where the defendant suffered no prejudice as a result of the asserted trial errors." Majority Opinion at n. 11). The majority also suggests that the weight of the burden of proof may be something less than that employed by traditional harmless error tests ("the requirement that prejudice appear does not mean that relief is available only if the defendant would have been acquitted but for counsel's blunders." Majority Opinion at 1333).

20 Chapman v. California (1967) 386 U.S. 18, 23 & n. 8, 87 S.Ct. 824, 17 L.Ed.2d 705.