What is the current state of the law on the defence counsel's failure to make objections?

California, United States of America


The following excerpt is from People v. Bryant, C061735 (Cal. App. 12/21/2009), C061735. (Cal. App. 2009):

"Generally, failure to make objections is a matter of trial tactics as to which we will not exercise judicial hindsight. [Citations.] `[C]ounsel's conduct should not be judged by appellate courts in the harsh light of hindsight . . . and except in rare cases, an appellate court should not attempt to second-guess trial counsel.' [Citations.] `It is not sufficient to allege merely that the attorney's tactics were poor, or that the case might have been handled more effectively. . . . Rather, the defendant must affirmatively show that the omissions of defense counsel involved a critical issue, and that the omissions cannot be explained on the basis of any knowledgeable choice of tactics.'" (People v. Lanphear (1980) 26 Cal.3d 814, 828-829, italics added.)

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