What is the current state of the law in respect of counsel's tactical decisions?

California, United States of America


The following excerpt is from People v. Vilkin, D067753 (Cal. App. 2016):

" 'Reviewing courts defer to counsel's reasonable tactical decisions . . . , and there is a "strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance." ' [Citation.] '[W]e accord great deference to counsel's tactical decisions' [citation], and we have explained that 'courts should not second-guess reasonable, if difficult, tactical decisions in the harsh light of hindsight.' " (People v. Weaver (2001) 26 Cal.4th 876, 925-926 (Weaver).)

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