deficiency prejudiced defense in California

2026To demonstrate ineffective assistance of counsel, Anand “‘must show that counsel’s performance was deficient, and that the deficiency prejudiced the defense.’” (People v. Johnsen (2021) 10 Cal.5th 1116, 1165 (Johnsen); Strickland v. Washington (1984) 466 U.S. 668, 687 .) “On direct appeal, a finding of deficient performance is warranted where ‘(1) the record affirmatively discloses counsel had no rational tactical purpose for the challenged act or omission, (2) counsel was asked for a reason and failed to provide one, or (3) there simply could be no satisfactory explanation.’” (Johnsen, at p.

2026To assist this court in its review, counsel identified the following issue: “Was defense counsel ineffective by failing to request bifurcation of [McClay’s] prior convictions under Vehicle Code section 23152 subdivision (a)?” To demonstrate ineffective assistance of counsel, a defendant “must show that counsel’s performance was deficient, and that the deficiency prejudiced the defense.” (Wiggins v. Smith (2003) 539 U.S. 510, 521 , citing Strickland v. Washington (1984) 466 U.S. 668, 687 (Strickland).) To establish 1 All further undesignated statutory references are to the Penal Code. 3 prejudi

2026To assist this court in its review, counsel identified the following issue: “Was defense counsel ineffective by failing to request bifurcation of [McClay’s] prior convictions under Vehicle Code section 23152 subdivision (a)?” To demonstrate ineffective assistance of counsel, a defendant “must show that counsel’s performance was deficient, and that the deficiency prejudiced the defense.” (Wiggins v. Smith (2003) 539 U.S. 510, 521 , citing Strickland v. Washington (1984) 466 U.S. 668, 687 (Strickland).) To establish 1 All further undesignated statutory references are to the Penal Code. 3 prejudi

2025Such proof must satisfy two distinct but equally crucial components: “A [defendant] must show that counsel’s performance was deficient, and that the deficiency prejudiced the defense.” (Wiggins v. Smith (2003) 539 U.S. 510, 521 (Wiggins), italics added; Buck v. Davis (2017) 580 U.S. 100 , 118 (Buck); Strickland v. Washington (1984) 466 U.S. 668, 687 (Strickland).) Both components of this test “are mixed questions of law and fact subject to our independent review.” (In re Gay (2020) 8 Cal.5th 1059 , 1073 (Gay).) As to the first component, the test is not satisfied by asserting formulaic or conc

2026To demonstrate ineffective assistance of counsel, Anand “‘must show that counsel’s performance was deficient, and that the deficiency prejudiced the defense.’” (People v. Johnsen (2021) 10 Cal.5th 1116, 1165 (Johnsen); Strickland v. Washington (1984) 466 U.S. 668, 687 .) “On direct appeal, a finding of deficient performance is warranted where ‘(1) the record affirmatively discloses counsel had no rational tactical purpose for the challenged act or omission, (2) counsel was asked for a reason and failed to provide one, or (3) there simply could be no satisfactory explanation.’” (Johnsen, at p.

2026To prevail on a claim of ineffective assistance of counsel, Tindle “ ‘must show that [his] counsel’s performance was deficient, and that the deficiency prejudiced the defense.’ [Citations.] On direct appeal, a finding of deficient performance is warranted where ‘(1) the record affirmatively discloses counsel had no rational tactical purpose for the challenged act or omission, (2) counsel was 12 asked for a reason and failed to provide one, or (3) there simply could be no satisfactory explanation.’ [Citation.] ‘[W]here counsel’s trial tactics or strategic reasons for challenged decisions do not

2025We are not persuaded. “ ‘An ineffective assistance claim has two components: A [defendant] must show that counsel’s performance was deficient, and that the deficiency prejudiced the defense.’ ” (In re Gay (2020) 8 Cal.5th 1059 , 1073; see Strickland v. Washington (1984) 466 U.S. 668, 687 (Strickland).) Counsel’s 9 performance was deficient if “it fell below an objective standard of reasonableness under prevailing professional norms.” (People v. Mai (2013) 57 Cal.4th 986, 1009 .) The defense was prejudiced if there is “a reasonable probability that, but for counsel’s deficient performance, the

2025(In re Gay (2020) 8 Cal.5th 1059 , 1073 [“ ‘An ineffective assistance claim has two components: A petitioner must show that counsel’s performance was deficient, and that the deficiency prejudiced the defense.’ ”].) 10 to instructions on the lesser included offense of voluntary manslaughter if evidence of provocation or imperfect self-defense, which would support a finding ‘that the offense was less than that charged,’ is lacking.” (People v. Rios (2000) 23 Cal.4th 450, 463, fn. 10 .) Second, as explained above, there was insubstantial evidence of heat of passion; therefore, the trial court did

2022(Wiggins v. Smith (2003) 539 U.S. 510, 521 (Wiggins), italics added; see Strickland v. Washington (1984) 466 U.S. 668, 687 (Strickland).) Both components “are mixed questions of law and fact subject to our independent review.” (In re Gay (2020) 8 Cal.5th 1059, 1073 (Gay).) “On direct appeal, a finding of deficient performance is warranted where ‘(1) the record affirmatively discloses counsel had no rational tactical purpose for the challenged act or omission, (2) counsel was asked for a reason and failed to provide one, or (3) there simply could be no satisfactory explanation.’ [Citation.] ‘[W

2021Judicial review of counsel’s performance is deferential; to establish deficient performance, the defendant ‘must overcome the presumption that, under the circumstances, the challenged action “might be considered sound trial strategy.”’” (In re Gay, supra, 8 Cal.5th at p. 1073 ; Harrington v. Richter (2011) 562 U.S. 86, 105 [“standard for judging counsel’s representation is a most deferential one”]; Bell v. Cone (2002) 535 U.S. 685, 702 .) Defendant’s “burden in this regard ‘is difficult to carry’ in this case, because this is a direct appeal and the record does not disclose the reason for coun

2021“An ineffective assistance claim has two components: A [defendant] must show that counsel’s performance was deficient, and that the deficiency prejudiced the defense.” (Wiggins v. Smith (2003) 539 U.S. 510, 521 (Wiggins); Strickland v. Washington (1984) 466 U.S. 668, 687-696 (Strickland).) Both “are mixed questions of law and fact subject to our independent review.” (In re Gay (2020) 8 Cal.5th 1059, 1073 .) “There are countless ways to provide effective assistance [and] [e]ven the best criminal defense attorneys would not defend a particular client in the same way.” (Strickland, supra, 466 U.S

2021Legal Background “An ineffective assistance claim has two components: A [defendant] must show that counsel’s performance was deficient, and that the deficiency prejudiced the defense.” (Wiggins v. Smith (2003) 539 U.S. 510, 521 (Wiggins); Strickland v. Washington (1984) 466 U.S. 668, 687 (Strickland).) Both “are mixed questions of law and fact subject to our independent review.” (In re Gay (2020) 8 Cal.5th 1059, 1073 .) Regarding the deficient performance component, “[t]here are countless ways to provide effective assistance [and] [e]ven the best criminal defense attorneys would not defend a p

2026To assist this court in its review, counsel identified the following issue: “Was defense counsel ineffective by failing to request bifurcation of [McClay’s] prior convictions under Vehicle Code section 23152 subdivision (a)?” To demonstrate ineffective assistance of counsel, a defendant “must show that counsel’s performance was deficient, and that the deficiency prejudiced the defense.” (Wiggins v. Smith (2003) 539 U.S. 510, 521 , citing Strickland v. Washington (1984) 466 U.S. 668, 687 (Strickland).) To establish 1 All further undesignated statutory references are to the Penal Code. 3 prejudi

2025To demonstrate ineffective assistance of counsel, a defendant “must show that counsel’s performance was deficient, and that the deficiency prejudiced the defense.” (Wiggins v. Smith (2003) 539 U.S. 510, 521 , citing Strickland v. Washington (1984) 466 U.S. 668, 687 (Strickland).) To establish prejudice, “[t]he defendant must show that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” (Strickland, at p. 694.) Further, the defendant “must carry his burden of proving prejudice as a ‘demonstrable reality,’ not

2023A more apt description of the transgression is prosecutorial error. [Citation.]’” (People v. Centeno (2014) 60 Cal.4th 659 , 666–667 (Centeno).) “To demonstrate ineffective assistance of counsel, [defendant] ‘must show that counsel’s performance was deficient, and that the deficiency prejudiced the defense.’ [Citations.] On direct appeal, a finding of deficient performance is warranted where ‘(1) the record affirmatively discloses counsel had no rational tactical purpose for the challenged act or omission, (2) counsel was asked for a reason and failed to provide one, or (3) there simply could

2023It is particularly difficult to prevail on an appellate claim of ineffective assistance.” (People v. Mai (2013) 57 Cal.4th 986, 1009 ; accord, People v. Brand (2021) 59 Cal.App.5th 861 , 872.) To show prejudice, the defendant must demonstrate a “‘reasonable 25 probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.’” (People v. Centeno (2014) 60 Cal.4th 659, 676 ; see Tilley, at p. 778.) “‘If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice . . . that course should be followed.’” (Tilley

2025Such proof must satisfy two distinct but equally crucial components: “A [defendant] must show that counsel’s performance was deficient, and that the deficiency prejudiced the defense.” (Wiggins v. Smith (2003) 539 U.S. 510, 521 (Wiggins), italics added; Buck v. Davis (2017) 580 U.S. 100, 118 (Buck); see Strickland v. Washington (1984) 466 U.S. 668, 687 (Strickland).) Both components of the test “are mixed questions of law and fact subject to our independent review.” (In re Gay (2020) 8 Cal.5th 1059, 1073 (Gay); In re Long (2020) 10 Cal.5th 764, 774 (Long).) As to the first component, the const

2022Ineffective Assistance of Counsel “To demonstrate ineffective assistance of counsel,” a defendant “‘must show that counsel’s performance was deficient, and that the deficiency prejudiced the defense.’” (People v. Johnsen (2021) 10 Cal.5th 1116, 1165 ; see In re Long (2020) 10 Cal.5th 764, 773 [defendant must show counsel’s action or 14 omission “‘fell below an objective standard of reasonableness’ [citations] in light of ‘the professional norms prevailing when the representation took place’” and “‘a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceed

2025Such proof must satisfy two distinct but equally crucial components: “A [defendant] must show that counsel’s performance was deficient, and that the deficiency prejudiced the defense.” (Wiggins v. Smith (2003) 539 U.S. 510, 521 (Wiggins), italics added; Buck v. Davis (2017) 580 U.S. 100 , 118 (Buck); Strickland v. Washington (1984) 466 U.S. 668, 687 (Strickland).) Both components of this test “are mixed questions of law and fact subject to our independent review.” (In re Gay (2020) 8 Cal.5th 1059 , 1073 (Gay).) As to the first component, the test is not satisfied by asserting formulaic or conc

2025Such proof must satisfy two distinct but equally crucial components: “A [defendant] must show that counsel’s performance was deficient, and that the deficiency prejudiced the defense.” (Wiggins v. Smith (2003) 539 U.S. 510, 521 (Wiggins), italics added; Buck v. Davis (2017) 580 U.S. 100, 118 (Buck); see Strickland v. Washington (1984) 466 U.S. 668, 687 (Strickland).) Both components of the test “are mixed questions of law and fact subject to our independent review.” (In re Gay (2020) 8 Cal.5th 1059, 1073 (Gay); In re Long (2020) 10 Cal.5th 764, 774 (Long).) As to the first component, the const

2022(Wiggins v. Smith (2003) 539 U.S. 510, 521 (Wiggins), italics added; see Strickland v. Washington (1984) 466 U.S. 668, 687 (Strickland).) Both components “are mixed questions of law and fact subject to our independent review.” (In re Gay (2020) 8 Cal.5th 1059, 1073 (Gay).) “On direct appeal, a finding of deficient performance is warranted where ‘(1) the record affirmatively discloses counsel had no rational tactical purpose for the challenged act or omission, (2) counsel was asked for a reason and failed to provide one, or (3) there simply could be no satisfactory explanation.’ [Citation.] ‘[W

2022Analysis “An ineffective assistance claim has two components: A [defendant] must show that counsel’s performance was deficient, and that the deficiency prejudiced the defense.” (Wiggins v. Smith (2003) 539 U.S. 510, 521 ; Strickland v. Washington (1984) 466 U.S. 21 . 668, 687 (Strickland).) Both components “are mixed questions of law and fact subject to our independent review.” (In re Gay (2020) 8 Cal.5th 1059, 1073 .) “On direct appeal, a finding of deficient performance is warranted where ‘(1) the record affirmatively discloses counsel had no rational tactical purpose for the challenged act

2016So I'm not going to do a split sentence." 6 A. Legal Principles The applicable standards are well settled: " 'An ineffective assistance claim has two components: A defendant must show that counsel's performance was deficient, and that the deficiency prejudiced the defense.' [Citations.] [¶] . . . [¶] 'To establish deficient performance, a petitioner must demonstrate that counsel's representation "fell below an objective standard of reasonableness." ' " (In re Welch (2015) 61 Cal.4th 489, 514 .) In evaluating counsel's conduct, "a court must indulge a strong presumption that counsel's conduct f

2016Dillard Has Not Shown His Counsel Rendered Ineffective Assistance A. Legal Principles The applicable standards are well settled: " 'An ineffective assistance claim has two components: A defendant must show that counsel's performance was deficient, and that the deficiency prejudiced the defense.' [Citations.] [¶] . . . [¶] 'To establish deficient performance, a petitioner must demonstrate that counsel's representation "fell below an objective standard of reasonableness." ' " (In re Welch (2015) 61 Cal.4th 489, 514 .) In evaluating counsel's conduct, "a court must indulge a strong presumption th

2025We are not persuaded. “ ‘An ineffective assistance claim has two components: A [defendant] must show that counsel’s performance was deficient, and that the deficiency prejudiced the defense.’ ” (In re Gay (2020) 8 Cal.5th 1059 , 1073; see Strickland v. Washington (1984) 466 U.S. 668, 687 (Strickland).) Counsel’s 9 performance was deficient if “it fell below an objective standard of reasonableness under prevailing professional norms.” (People v. Mai (2013) 57 Cal.4th 986, 1009 .) The defense was prejudiced if there is “a reasonable probability that, but for counsel’s deficient performance, the

2025“To demonstrate ineffective assistance of counsel,” a defendant “ ‘must show that counsel’s performance was deficient, and that the deficiency prejudiced the defense.’ [Citation.] On direct appeal, a finding of deficient performance is warranted where ‘(1) the record affirmatively discloses counsel had no rational tactical purpose for the challenged act or omission, (2) counsel was asked for a reason and failed to provide one, or (3) there simply could be no satisfactory explanation.’ (People v. Mai (2013) 57 Cal.4th 986, 1009 .) ‘[W]here counsel’s trial tactics or strategic reasons for challe

2021Judicial review of counsel’s performance is deferential; to establish deficient performance, the defendant ‘must overcome the presumption that, under the circumstances, the challenged action “might be considered sound trial strategy.”’” (In re Gay, supra, 8 Cal.5th at p. 1073 ; Harrington v. Richter (2011) 562 U.S. 86, 105 [“standard for judging counsel’s representation is a most deferential one”]; Bell v. Cone (2002) 535 U.S. 685, 702 .) Defendant’s “burden in this regard ‘is difficult to carry’ in this case, because this is a direct appeal and the record does not disclose the reason for coun

2021Judicial review of counsel’s performance is deferential; to establish deficient performance, the defendant ‘must overcome the presumption that, under the circumstances, the challenged action “might be considered sound trial strategy.”’” (In re Gay, supra, 8 Cal.5th at p. 1073 ; see Harrington v. Richter (2011) 562 U.S. 86, 105 [“standard for judging counsel’s representation is a most deferential one”]; see also Bell v. Cone (2002) 535 U.S. 685, 702 [same].) In this regard, trial counsel’s declaration in support of Saran’s habeas corpus petition is significant for what it does not say.

2021If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed.”15 (People v. Carrasco (2014) 59 Cal.4th 924, 982 , citing Strickland v. Washington (1984) 466 U.S. 668, 697 .) Here, we conclude defendant has failed to show prejudice.

2016(People v. Thompson (2010) 49 Cal.4th 79, 122 .) Where " ' " 'the record on appeal sheds no light on why counsel acted or failed to act in the manner challenged[,] . . . unless counsel was 7 asked for an explanation and failed to provide one, or unless there simply could be no satisfactory explanation,' the claim on appeal must be rejected." ' " (People v. Carrasco (2014) 59 Cal.4th 924, 982 .) "Further, 'a court need not determine whether counsel's performance was deficient before examining the prejudice suffered by the defendant as a result of the alleged deficiencies. . . .

2017He argues those overt acts involved funding for TradeCo, which defendants started and operated until the CFTC changed its regulations, and the jury could find overt acts 26, 27 and 28 were not part of a criminal conspiracy. “ ‘An ineffective assistance claim has two components: A [defendant] must show that counsel’s performance was deficient, and that the deficiency prejudiced the defense.’ [Citation.] [¶] . . . [¶] ‘To establish deficient performance, a petitioner must demonstrate that counsel’s representation “fell below an objective standard of reasonableness.” ’ ” (In re Welch (2015) 61 Ca

2017He argues those overt acts involved funding for TradeCo, which defendants started and operated until the CFTC changed its regulations, and the jury could find overt acts 26, 27 and 28 were not part of a criminal conspiracy. “ ‘An ineffective assistance claim has two components: A [defendant] must show that counsel’s performance was deficient, and that the deficiency prejudiced the defense.’ [Citation.] [¶] . . . [¶] ‘To establish deficient performance, a petitioner must demonstrate that counsel’s representation “fell below an objective standard of reasonableness.” ’ ” (In re Welch (2015) 61 Ca

2022Defendant thus 9 bears the burden of establishing constitutionally inadequate assistance of counsel. [Citations.] If the record on appeal sheds no light on why counsel acted or failed to act in the manner challenged, an appellate claim of ineffective assistance of counsel must be rejected unless counsel was asked for an explanation and failed to provide one, or there simply could be no satisfactory explanation.”’” (People v. Wang (2020) 46 Cal.App.5th 1055 , 1088; see People v. Bell (2019) 7 Cal.5th 70, 125 .) a.

2020(In re Gay, at p. 1073.) But “ ‘[u]nless a defendant establishes the contrary, we shall presume that “counsel’s performance fell within the wide range of professional competence and that counsel’s actions and inactions can be explained as a matter of sound trial strategy.” [Citation.] If the record “sheds no light on why counsel acted or failed to act in the manner challenged,” an appellate claim of ineffective assistance of counsel must be rejected “unless counsel was asked for an explanation and failed to provide one, or unless there simply could be no satisfactory explanation.” [Citations.]

2022Analysis To demonstrate ineffective assistance of counsel, Scott “ ‘must show that counsel’s performance was deficient, and that the deficiency prejudiced the defense.’ [Citation.]” (People v. Johnsen (2021) 10 Cal.5th 1116, 1165 .) “Usually, ‘ineffective assistance [of counsel claims are] more appropriately decided in a habeas corpus proceeding.’ [Citation.]” (People v. Hoyt (2020) 8 Cal.5th 892, 958 .) On direct appeal, “we may reverse ‘only if (1) the record affirmatively discloses counsel had no rational tactical purpose for the challenged act or omission, (2) counsel was asked for a reaso

2021Judicial review of counsel’s performance is deferential; to establish deficient performance, the defendant ‘must overcome the presumption that, under the circumstances, the challenged action “might be considered sound trial strategy.” ’ ” (In re Gay, supra, 8 Cal.5th at p. 1073 ; Harrington v. Richter (2011) 562 U.S. 86, 105 [“standard for judging counsel’s representation is a most deferential one”]; Bell v. Cone (2002) 535 U.S. 685, 702 .) Gonzalez’s “burden in this regard ‘is difficult to carry’ in this case, because this is a direct appeal and the record does not disclose the reason for cou

2025(In re Gay (2020) 8 Cal.5th 1059 , 1073 [“ ‘An ineffective assistance claim has two components: A petitioner must show that counsel’s performance was deficient, and that the deficiency prejudiced the defense.’ ”].) 10 to instructions on the lesser included offense of voluntary manslaughter if evidence of provocation or imperfect self-defense, which would support a finding ‘that the offense was less than that charged,’ is lacking.” (People v. Rios (2000) 23 Cal.4th 450, 463, fn. 10 .) Second, as explained above, there was insubstantial evidence of heat of passion; therefore, the trial court did