What is the current state of the law on "tactical counsel" in a sexual assault case?

California, United States of America


The following excerpt is from People v. Martinez, H045108 (Cal. App. 2019):

"The decision of how to argue to the jury after the presentation of evidence is inherently tactical" and counsel is not incompetent for making that decision based "on how the trial actually went, not how it might have gone." (People v. Freeman (1994) 8 Cal.4th 450, 498.) "[G]ood trial tactics often demand complete candor with the jury," particularly "in light of the weight of the evidence incriminating a defendant." (People v. Mitcham (1992) 1 Cal.4th 1027, 1060.) Rational counsel "may be more realistic and [thus] effective by avoiding sweeping declarations of his or her client's innocence." (Id. at pp. 1060-1061.)

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