Does Defendant's failure to object or to introduce the evidence necessarily waives review of his ineffective assistance claim?

California, United States of America


The following excerpt is from People v. Hussain, F071347 (Cal. App. 2017):

Defendant's failure to object or to move to introduce the evidence necessarily waives review of his claim. (See, e.g., People v. Alexander (2010) 49 Cal.4th 846, 912.) Defendant has not raised an ineffective assistance claim. Even if he had, "[g]enerally, failure to object is a matter of trial tactics as to which we will not exercise judicial hindsight. [Citation.] 'When a defendant makes an ineffectiveness claim on appeal, the appellate court must look to see if the record contains any explanation for the challenged

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aspects of representation. If the record sheds no light on why counsel acted or failed to act in the manner challenged, "unless counsel was asked for an explanation and failed to provide one, or unless there simply could be no satisfactory explanation" [citation], the contention must be rejected. [Citation.] A reviewing court will not second-guess trial counsel's reasonable tactical decisions. [Citation.]" (People v. Kelly (1992) 1 Cal.4th 495, 520.)

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