test defeats claim in New Mexico

2025To prove he was prejudiced by counsel’s deficient performance, Defendant must show that “‘there is a reasonable probability that, but for counsel’s professional errors, the result of the proceeding would have been different.’” State v. Trammell, 2016-NMSC-030, ¶ 23, 387 P.3d 220 (quoting Strickland, 466 U.S. at 694). “‘Failure to prove either prong of the test defeats a claim of ineffective assistance of counsel.’” Guerra, 2012-NMSC-027, ¶ 23 (quoting State v. Reyes, 2002- NMSC-024, ¶ 48, 132 N.M. 576, 52 P.3d 948). {33} As explained above, the district court did not err in not instructing the

2025To prove he was prejudiced by counsel’s deficient performance, Defendant must show that “‘there is a reasonable probability that, but for counsel’s professional errors, the result of the proceeding would have been different.’” State v. Trammell, 2016-NMSC-030, ¶ 23, 387 P.3d 220 (quoting Strickland, 466 U.S. at 694). “‘Failure to prove either prong of the test defeats a claim of ineffective assistance of counsel.’” Guerra, 2012-NMSC-027, ¶ 23 (quoting State v. Reyes, 2002- NMSC-024, ¶ 48, 132 N.M. 576, 52 P.3d 948). {33} As explained above, the district court did not err in not instructing the

2025“Failure to prove either prong of the test defeats a claim of ineffective assistance of counsel.” State v. Guerra, 2012-NMSC-027, ¶ 20 , 284 P.3d 1076 (internal quotation marks and citation omitted).

2025To prove he was prejudiced by counsel’s deficient performance, Defendant must show that “‘there is a reasonable probability that, but for counsel’s professional errors, the result of the proceeding would have been different.’” State v. Trammell, 2016-NMSC-030, ¶ 23, 387 P.3d 220 (quoting Strickland, 466 U.S. at 694). “‘Failure to prove either prong of the test defeats a claim of ineffective assistance of counsel.’” Guerra, 2012-NMSC-027, ¶ 23 (quoting State v. Reyes, 2002- NMSC-024, ¶ 48, 132 N.M. 576, 52 P.3d 948). {33} As explained above, the district court did not err in not instructing the

2021“Failure to prove either prong of the test defeats a claim of ineffective assistance of counsel.” State v. Jacobs, 2000-NMSC- 026, ¶ 51, 129 N.M. 448 , 10 P.3d 127 , overruled on other grounds by State v. Martinez, 2021-NMSC-002 , 478 P.3d 880 . 2.

2021“Failure to prove either prong of the test defeats a claim of ineffective assistance of counsel.” State v. Jacobs, 2000-NMSC- 026, ¶ 51, 129 N.M. 448 , 10 P.3d 127 , overruled on other grounds by State v. Martinez, 2021-NMSC-002 , 478 P.3d 880 . 2.

2007"Failure to prove either prong of the test defeats a claim of ineffective assistance of counsel." Reyes, 2002-NMSC-024, ¶ 48 , 132 N.M. 576 , 52 P.3d 948 ; see State v. Baca, 1997-NMSC-045, ¶ 21 , 124 N.M. 55 , 946 P.2d 1066 .

2007"Failure to prove either prong of the test defeats a claim of ineffective assistance of counsel." Reyes, 2002-NMSC-024, ¶ 48 , 132 N.M. 576 , 52 P.3d 948 ; see State v. Baca, 1997-NMSC-045, ¶ 21 , 124 N.M. 55 , 946 P.2d 1066 .

2022“Failure to prove either prong of the test defeats a claim of ineffective assistance of counsel.” State v. Reyes, 2002-NMSC-024, ¶ 48 , 132 N.M. 576 , 52 P.3d 948 . {11} In addressing the first prong, the defendant “must demonstrate that . . . counsel’s performance was deficient in that it fell below an objective standard of reasonableness.” State v. Allen, 2014-NMCA-047, ¶ 17 , 323 P.3d 925 (internal quotation marks and citation omitted).

2022Further, “[f]ailure to prove either prong of the test defeats a claim of ineffective assistance of counsel.” State v. Reyes, 2002-NMSC-024, ¶ 48 , 132 N.M. 576 , 52 P.3d 948 . {28} In addressing the first prong, the defendant “must demonstrate that . . . counsel’s performance was deficient in that it fell below an objective standard of reasonableness.” State v. Allen, 2014-NMCA-047, ¶ 17 , 323 P.3d 925 (internal quotation marks and citation omitted).

2025A reasonable probability is a probability sufficient to undermine confidence in the outcome.’ In the challenge of a conviction from a verdict, ‘the question is whether there is a reasonable probability that, absent the errors, the factfinder would have had a reasonable doubt respecting guilt.’” Lytle, 2001-NMSC-016, ¶ 27 (brackets omitted) (quoting Strickland, 466 U.S. at 694-95 ). {32} The defendant bears the burden of demonstrating both deficient performance and prejudice, as failing to establish either aspect of the test defeats a claim of ineffective assistance of counsel.

2025To prove he was prejudiced by counsel’s deficient performance, Defendant must show that “‘there is a reasonable probability that, but for counsel’s professional errors, the result of the proceeding would have been different.’” State v. Trammell, 2016-NMSC-030, ¶ 23, 387 P.3d 220 (quoting Strickland, 466 U.S. at 694). “‘Failure to prove either prong of the test defeats a claim of ineffective assistance of counsel.’” Guerra, 2012-NMSC-027, ¶ 23 (quoting State v. Reyes, 2002- NMSC-024, ¶ 48, 132 N.M. 576, 52 P.3d 948). {33} As explained above, the district court did not err in not instructing the

2025A reasonable probability is a probability sufficient to undermine confidence in the outcome.’ In the challenge of a conviction from a verdict, ‘the question is whether there is a reasonable probability that, absent the errors, the factfinder would have had a reasonable doubt respecting guilt.’” Lytle, 2001-NMSC-016, ¶ 27 (brackets omitted) (quoting Strickland, 466 U.S. at 694-95 ). {32} The defendant bears the burden of demonstrating both deficient performance and prejudice, as failing to establish either aspect of the test defeats a claim of ineffective assistance of counsel.

2019To demonstrate that counsel’s performance was deficient, the defendant must show that defense “counsel’s representation fell below an objective standard of reasonableness.” Lytle v. Jordan, 2001-NMSC-016, ¶ 26 , 130 N.M. 198 , 22 P.3d 666 (internal quotation marks and citation omitted).

2025To prove he was prejudiced by counsel’s deficient performance, Defendant must show that “‘there is a reasonable probability that, but for counsel’s professional errors, the result of the proceeding would have been different.’” State v. Trammell, 2016-NMSC-030, ¶ 23, 387 P.3d 220 (quoting Strickland, 466 U.S. at 694). “‘Failure to prove either prong of the test defeats a claim of ineffective assistance of counsel.’” Guerra, 2012-NMSC-027, ¶ 23 (quoting State v. Reyes, 2002- NMSC-024, ¶ 48, 132 N.M. 576, 52 P.3d 948). {33} As explained above, the district court did not err in not instructing the

2025To prove he was prejudiced by counsel’s deficient performance, Defendant must show that “‘there is a reasonable probability that, but for counsel’s professional errors, the result of the proceeding would have been different.’” State v. Trammell, 2016-NMSC-030, ¶ 23 , 387 P.3d 220 (quoting Strickland, 466 U.S. at 694 ). “‘Failure to prove either prong of the test defeats a claim of ineffective assistance of counsel.’” Guerra, 2012-NMSC-027, ¶ 23 (quoting State v. Reyes, 2002- NMSC-024, ¶ 48, 132 N.M. 576 , 52 P.3d 948 ). {33} As explained above, the district court did not err in not instructing

2021Further, “[f]ailure to prove either prong of the test defeats a claim of ineffective assistance of counsel.” State v. Reyes, 2002-NMSC-024, ¶ 48 , 132 N.M. 576 , 52 P.3d 948 ; see Lukens v. Franco, 2019-NMSC-002, ¶ 19 , 433 P.3d 288 (“A court may dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice to avoid the deficient performance analysis if this simplifies disposition.” (internal quotation marks and citations omitted)). {17} In addressing the first prong, the defendant “must demonstrate that . . . counsel’s performance was deficient in that it fell below an obj

2021Further, “[f]ailure to prove either prong of the test defeats a claim of ineffective assistance of counsel.” State v. Reyes, 2002-NMSC-024, ¶ 48 , 132 N.M. 576 , 52 P.3d 948 ; see Lukens v. Franco, 2019-NMSC-002, ¶ 19 , 433 P.3d 288 (“A court may dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice to avoid the deficient performance analysis if this simplifies disposition.” (internal quotation marks and citations omitted)). {17} In addressing the first prong, the defendant “must demonstrate that . . . counsel’s performance was deficient in that it fell below an obj

2021See State v. Guerra, 2012-NMSC-027, ¶ 23 , 284 P.3d 1076 (“Failure to prove either prong of the test defeats a claim of ineffective assistance of counsel.” (internal quotation marks and citation omitted)); Cordova, 2014-NMCA-081, ¶ 16 (noting that a defendant who cannot establish a prima facie case on direct appeal is not precluded from pursuing ineffective assistance of counsel in a habeas proceeding).