What is the test for a motion to dismiss a motion alleging that the actions of counsel were prejudicial?
California, United States of America
The following excerpt is from People v. Garcia, C082088 (Cal. App. 2017):
If "a defendant has failed to show that the challenged actions of counsel were prejudicial, a reviewing court may reject the claim on that ground without determining whether counsel's performance was deficient." (People v. Kipp (1998) 18 Cal.4th 349, 366.)
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