California, United States of America
The following excerpt is from People v. Gutierrez, C073796 (Cal. App. 2018):
preliminary examination." (People v. Pompa-Ortiz (1980) 27 Cal.3d 519, 529.) Where the alleged ineffective assistance is, as here, the failure to adequately cross examine the prosecution witness or otherwise contest the prosecution's case at the preliminary hearing, "no prejudice typically appears unless counsel's pretrial performance resulted in the loss of material evidence and caused tangible harm to the defense at trial." (People v. Millwee (1998) 18 Cal.4th 96, 121.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.