California, United States of America
The following excerpt is from People v. Green, B246518 (Cal. App. 2015):
For all of the foregoing reasons, a reasonable attorney could conclude that a claim that defendant's interview with the detectives was involuntary lacked merit and therefore decide not to object to the introduction of the interview into evidence. Because such a decision constitutes "'an informed tactical choice within the range of reasonable competence,'" defendant's claim of ineffective representation must be rejected. (People v. Bolin (1998) 18 Cal.4th 297, 317.)
b. Defendant Cannot Establish Prejudice As a Result of Trial Counsel's Failure to Object
Assuming arguendo that the failure to object to the introduction of the interview constituted ineffective assistance of counsel, defendant cannot establish prejudice. "It is not sufficient to show the alleged errors may have had some conceivable effect on the trial's outcome; the defendant must demonstrate a 'reasonable probability' that absent the errors the result would have been different. [Citations.]" (People v. Mesa (2006) 144 Cal.App.4th 1000, 1008.) "'"'A reasonable probability is a probability sufficient to undermine confidence in the outcome."'" [Citations.]" (People v. Anderson (2001) 25 Cal.4th 543, 569.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.