Is a counsel's failure to object to evidence that counsel reasonably determines would be futile or unmeritorious?

California, United States of America


The following excerpt is from People v. Ruelas, H040372 (Cal. App. 2015):

"[T]he decision to object or not object to the admission of evidence is inherently tactical, and a failure to object will seldom establish ineffective assistance." (People v. Beasley (2003) 105 Cal.App.4th 1078, 1092.) "Counsel's failure to make a futile or unmeritorious objection is not deficient performance." (Ibid.) "Counsel does not render ineffective assistance by failing to make motions or objections that counsel reasonably determines would be futile." (People v. Price (1991) 1 Cal.4th 324, 387 (Price).)

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