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

California, United States of America


The following excerpt is from People v. Contreras, F051844 (Cal. App. 12/27/2007), F051844 (Cal. App. 2007):

"`"Reviewing courts defer to counsel's reasonable tactical decisions in examining a claim of ineffective assistance of counsel [citation], and there is a `strong presumption that counsel's conduct falls within the wide range of professional assistance.'" [Citation.] "[W]e accord great deference to counsel's tactical decisions" [citation], and ..."courts should not second-guess reasonable ... tactical decisions in the harsh light of hindsight" [citation]. "Tactical errors are generally not deemed reversible, and counsel's decisionmaking must be evaluated in the context of the available facts." [Citation.]'" (People v. Stanley (2006) 39 Cal.4th 913, 954.)

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