Does a lawyer's decision not to make an opening statement constitute deficient performance?

An attorney's decision not to make an opening statement is generally presumed to be a matter of trial strategy, and therefore does not constitute deficient performance. See, e.g., United States v. Rodriguez-Ramirez, 777 F.2d 454, 458 (9th Cir.1985) ("The timing of an opening

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statement, and even the decision whether to make one at all, is ordinarily a mere matter of trial tactics and in such cases will not constitute the incompetence basis for a claim of ineffective assistance of counsel."); see also Jones v. Smith, 772 F.2d 668, 674 (11th Cir.1985) (attorney's decision to waive opening argument was one of reasonable trial strategy because it "left the defense uncommitted to a particular position and thus free to develop any defense that might materialize as the [prosecution] presented its case").