Is a defendant's failure to object to a motion of defence counsel's objection sufficient to avoid the forfeiture rule?

California, United States of America


The following excerpt is from People v. Gomez, F072439 (Cal. App. 2017):

Defendant further argues his trial counsel's failure to object constituted ineffective assistance of counsel to avoid the forfeiture rule. Because deciding whether to object is inherently a tactical decision, the failure to do so will rarely establish ineffective assistance of counsel. (People v. Hillhouse, supra, 27 Cal.4th at p. 502.) Where defense counsel's objection would have been overruled, the failure to make a meritless objection does not constitute deficient performance. (People v. Mitcham (1992) 1 Cal.4th 1027, 1080.)

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