Does the record need to reveal why defense counsel elected not to discuss M.C's CART interview?
California, United States of America
The following excerpt is from People v. Ornelas, F074019 (Cal. App. 2018):
Here, appellant's trial counsel was not asked for an explanation regarding his failure to discuss M.C.'s CART interview. Because the record does not reveal why defense counsel elected not to discuss this evidence, appellant's claim on direct appeal must fail. (See People v. Mitcham (1992) 1 Cal.4th 1027, 1059 [rejecting ineffective assistance claim because record did not reveal why defense counsel failed to present a defense].)
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