People v. Geddes

In People v. Geddes (1991) 1 Cal.App.4th 448, the Court concluded the defendant did not show his counsel provided ineffective assistance by not arranging a psychiatric examination that might have supported a plea of not guilty by reason of insanity. (Id. at pp. 453-454.) Because the defendant did not provide any evidence to show a psychiatric examination would have supported that plea, the defendant did not sustain his burden to show he was prejudiced by his counsel's purported deficient performance. (Id. at p. 454.) In Geddes, the Court stated: "A defendant alleging ineffective assistance based on counsel's failure to obtain favorable evidence must use a petition for writ of habeas corpus to demonstrate the evidence that would have been obtained and, to the extent possible, its effect. . . . Here, in contrast, there is no evidence to indicate that a psychiatric examination would have supported an NGI plea. Equally important, there is nothing to indicate any psychiatric information would have caused Geddes to change his mind and agree to enter an NGI plea." (Id. at p. 454.)