What is the test for a claim of ineffective assistance of counsel based on a trial attorney's failure to make a motion or objection?

California, United States of America


The following excerpt is from People v. Ware, F069845 (Cal. App. 2016):

"A claim of ineffective assistance of counsel based on a trial attorney's failure to make a motion or objection must demonstrate not only the absence of a tactical reason for the omission [citation], but also that the motion or objection would have been meritorious if the defendant is to bear his burden of demonstrating that it is reasonably probable that absent the omission a determination more favorable to defendant would have resulted. [Citations.]" (People v. Mattson (1990) 50 Cal.3d 826, 876.)

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