Does the Court have any authority to second-guess counsel's tactical decisions in the light of hindsight?

California, United States of America


The following excerpt is from People v. Rahming, D074461 (Cal. App. 2018):

[Citation.] '[W]e accord great deference to counsel's tactical decisions' [citation], and we have explained that 'courts should not second-guess reasonable, if difficult, tactical decisions in the harsh light of hindsight.'" (People v. Weaver (2001) 26 Cal.4th 876, 925-926.) "'A fair assessment of attorney performance requires that every effort be made to eliminate the distorting effects of hindsight, to reconstruct the circumstances of counsel's challenged conduct, and to evaluate the conduct from counsel's perspective at the time.'" (In re Jones (1996) 13 Cal.4th 552, 561.)

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