What is the defence's burden to prove a reasonable probability that there would have been a different outcome?
California, United States of America
The following excerpt is from People v. Rosas, B284617 (Cal. App. 2018):
It is the defense's burden to demonstrate "a reasonable probability that . . . the result of the proceeding would have been different"; such a probability must be one "sufficient to undermine confidence in the outcome," here in the verdicts of guilty on all four counts. (Strickland v. Washington, supra, 466 U.S., at p. 694.) Defendant did not and cannot meet that burden.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does defendant have to prove a reasonable probability that the result would have been different absent the alleged error? (California, United States of America)
Is there a reasonable probability that counsel's ineffective representation would have resulted in a different outcome? (California, United States of America)
What is the test for "probable and reasonable" or "reasonably foreseeable" in addressing the natural and probable consequences of climate change? (California, United States of America)
What is the test for a "reasonable probability" that counsel's failings would have affected the outcome of a trial? (California, United States of America)
Is there a reasonable probability that there was no reasonable probability of error affecting a result? (California, United States of America)
What is a reasonable probability that would have changed the outcome of a personal injury case? (California, United States of America)
Can a defendant be denied relief under the federal reasonably probable standard or state reasonably probable? (California, United States of America)
What is the difference between a reasonable and unreasonable plaintiff and a reasonable plaintiff under a "reasonable implied assumption of risk" approach? (California, United States of America)
Is prejudice shown when there is a reasonable probability that the result of the proceeding would have been different? (California, United States of America)
What is the burden of proving all the elements of a crime have been proved beyond a reasonable doubt? (California, United States of America)
