The following excerpt is from Luebbers v. Cal. Dep't of Corr. & Rehab., No. 2:15-cv-02348 MCE KJN (E.D. Cal. 2019):
The applicable legal standard for a claim of ineffective assistance of counsel was given above. Concerning petitioner's right to testify as it relates to such a claim, to succeed on this claim, a petitioner must show that his lawyer made an "objectively unreasonable" decision not to call him to testify in the circumstances. United States v. Sanchez-Cervantes, 282 F.3d 664, 671-72 (9th Cir. 2002). A petitioner must also demonstrate a reasonable likelihood that, had his lawyer called him to testify, the jury would have acquitted him of the charges. Id. at 671-72.
A tactical decision exercised by counsel deserves deference when counsel makes an informed decision based on strategic trial considerations and the decision appears reasonable under the circumstances. See Sanders v. Ratelle, 21 F.3d 1446, 1456 (9th Cir. 1994). On the other hand, "it cannot be permissible trial strategy, regardless of the merits or otherwise, for
Page 21
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.