What is the test for ineffective assistance of counsel?
California, United States of America
The following excerpt is from People v. Burgener, 129 Cal.Rptr.2d 747, 29 Cal.4th 833, 62 P.3d 1 (Cal. 2003):
In his reply brief, defendant contends that his attorney's failure to preserve these claims constituted ineffective assistance of counsel. The claim must fail. "`There are, no doubt, an infinite number of reasons why counsel would not avail themselves of the opportunity to disqualify a judge. The failure to do so is within the competence of counsel, and does not show ineffective counsel'" (People v. Scott, supra, 15 Cal.4th 1188, 1213, 65 Cal.Rptr.2d 240, 939 P.2d 354.)
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