Is there any case law where a defendant failed to object to evidence that supports his claim that he was innocent?

California, United States of America


The following excerpt is from People v. Fawcett, C089012 (Cal. App. 2019):

Again, for purposes of direct appeal the decision of whether to object to evidence as inadmissible rarely establishes ineffective legal assistance. (People v. Catlin (2001) 26 Cal.4th 81, 165.) There is an obvious tactical basis for failing to object to this evidence: it would bolster defendant's claim that he was innocent and willing to cooperate with the detectives to establish it. The failure to object was simply a de facto stipulation toward this object of the defense. Consequently, the argument is without merit.

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