California, United States of America
The following excerpt is from People v. Pope, 152 Cal.Rptr. 732, 23 Cal.3d 412 (Cal. 1979):
16 It has been said that an appellant must prove inadequate assistance as "a demonstrable reality and not a speculative matter." (People v. Stephenson (1974) 10 Cal.3d 652, 661, 111 Cal.Rptr. 556, 562, 517 P.2d 820, 826.) This formulation of the heavy burden on a party alleging inadequate assistance was intended to summarize, in concise fashion, the rules just described: in the absence of an explanation in the record, appellate courts should not speculate that trial counsel's failure to present a particular defense resulted from incompetence. To justify relief, appellant must be able to point to something in the record showing that counsel had no satisfactory rationale for what was done or not done.
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