What is the test for a defendant to bring a claim for a violation of the federal constitutional right to effective assistance of counsel?
California, United States of America
The following excerpt is from People v. Cortez, H046201 (Cal. App. 2020):
" '[A] defendant claiming a violation of the federal constitutional right to effective assistance of counsel must satisfy a two-pronged showing: that counsel's performance was deficient, and that the defendant was prejudiced, that is, there is a reasonable probability the outcome would have been different were it not for the deficient performance.' [Citations.]" (People v. Woodruff (2018) 5 Cal.5th 697, 736 (Woodruff).)
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