California, United States of America
The following excerpt is from Orange County v. Olga A., 101 Cal.Rptr.2d 548 (Cal. App. 2000):
The basic theory behind the general need to file a writ petition in criminal cases, rather than merely be content to raise the matter in an appellate brief, is that resources would be wasted if appellate courts reversed judgments for ineffective assistance, only to have "new defense counsel on retrial do exactly what the original counsel did" based on some "informed tactical choice" not apparent in the appellate record. (See People v. Pope, supra, 23 Cal.3d at pp. 425-426.)4
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