What is the test for the defense to successfully argue that counsel's performance was objectively unreasonable and that defendant suffered prejudice as a result?

California, United States of America


The following excerpt is from People v. Ramirez, B296793 (Cal. App. 2020):

Strickland v. Washington (1984) 466 U.S. 668 requires the defense to establish that counsel's performance was objectively unreasonable and that defendant suffered prejudice as a result. Although I find the first element was easily satisfied, whether defendant suffered prejudice from counsel's inaction is a much closer question. The majority writes that "there is no indication that the sentencing court would have been swayed by counsel's request and imposed a sentence less than the one it believed to be appropriate for defendant's crimes." If "indication" requires an

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