What is the test for a plaintiff to establish that counsel provided inadequate assistance of counsel?
California, United States of America
The following excerpt is from The People Of The State Of Cal. v. Reed, B216570, No. BA287823 (Cal. App. 2010):
confidence in the outcome. [Citations.] A reviewing court will indulge in a presumption that counsel's performance fell within the wide range of professional competence and that counsel's actions and inactions can be explained as a matter of sound trial strategy. Defendant thus bears the burden of establishing constitutionally inadequate assistance of counsel.' [Citations.]" (People v. Gamache (2010) 48 Cal.4th 347, 391.)
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