Can counsel abandon the effort to conduct a defense at trial?

California, United States of America


The following excerpt is from People v. Snow, 132 Cal.Rptr.2d 271, 30 Cal.4th 43, 65 P.3d 749 (Cal. 2003):

Abandoning the effort to conduct a defense at trial is not a competent tactical choice, whatever the reason. Even if counsel believed, for example, that the court's earlier rulings had made the penalty trial unfair, they could not competently abandon their client in the hope of securing a reversal on appeal. Once assigned to represent a criminal defendant, an attorney "is bound to do so to the best of his abilities under the circumstances," even in the face of adverse rulings counsel believes are incorrect. (People v. McKenzie, supra, 34 Cal.3d at p. 631, 194 Cal.Rptr. 462, 668 P.2d 769.) "A refusal to participate in formulating or conducting a defense is not generally among the available strategic options." (Ibid.)

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