Al-Qaadir v. Gallegos

To demonstrate ineffective assistance of counsel, a habeas petitioner must show first that counsels performance fell below that of a reasonable attorney and, second, that counsels errors created a reasonable probability that, but for the errors, the outcome of the proceeding would have been different. Strickland v. Washington, 466 U.S. 668, 687, 80 L. Ed. 2d 674, 104 S. Ct. 2052 (1984). "A tactical decision by counsel with which the defendant disagrees cannot form the basis of a claim of ineffective assistance of counsel." Guam v. Santos, 741 F.2d 1167, 1169 (9th Cir. 1984).