What is the test for a criminal defendant to have their criminal conviction overturned if they have been denied the effective assistance of counsel?
California, United States of America
The following excerpt is from People v. Gates, A145821 (Cal. App. 2018):
A criminal defendant has a constitutional right to the effective assistance of counsel during criminal proceedings. (People v. Ledesma (1987) 43 Cal.3d 171, 215.) A defendant has been denied such assistance, requiring that his conviction be reversed if: (1) " 'counsel's representation fell below an objective standard of reasonableness . . . under prevailing professional norms,' " and (2) prejudice ensued, meaning "that there is a
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