What is the test for dismissing an ineffective assistance of counsel claim based on counsel's failure to request further clarification of an instruction?

California, United States of America


The following excerpt is from People v. Van, G052325 (Cal. App. 2017):

5. This finding also disposes of defendant's ineffective assistance of counsel claim based on counsel's failure to request further clarification of this instruction. (See Strickland v. Washington (1984) 466 U.S. 668, 697 ["a court need not determine whether counsel's performance was deficient before examining the prejudice suffered by the defendant as a result of the alleged deficiencies. . . . If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed"].)

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