Would have prevailed on appeal if counsel had considered a reasonable probability of success?
MultiRegion, United States of America
The following excerpt is from Estrada v. Trimble, Case No.: 1:12-cv-02011-LJO-JLT (E.D. Cal. 2015):
would have prevailed on appeal. Id. at 694. A "reasonable probability" is a probability sufficient to undermine confidence in the outcome of the trial. Id. The relevant inquiry is not what counsel could have done; rather, it is whether the choices made by counsel were reasonable. Babbitt v. Calderon, 151 F.3d 1170, 1173 (9th Cir.1998).
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