Does a defense attorney have an obligation to object the prosecution's motion to introduce evidence of violence against a defendant?

California, United States of America


The following excerpt is from People v. Frias, H040691 (Cal. App. 2016):

" '[D]eciding whether to object is inherently tactical, and the failure to object will rarely establish ineffective assistance.' " (People v. Lopez (2008) 42 Cal.4th 960, 972,

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quoting People v. Hillhouse (2002) 27 Cal.4th 469, 502.) On the other hand, "One of the principal tasks of a defense attorney is to attempt to protect his or her client from the admission of evidence that is more prejudicial than probative, and that obligation clearly applies to efforts made by the prosecution to introduce evidence of prior crimes or acts of violence alleged to have been committed by a defendant, when such crimes are unrelated to the charged offense." (In re Jones (1996) 13 Cal.4th 552, 581-582.)

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