California, United States of America
The following excerpt is from The People v. Gutierrez, B218292, No. MA038763 (Cal. App. 2010):
While the final question asked by counsel may not have been well advised, we cannot say the cross-examination on a whole fell below professional norms. There were some inconsistencies in Virginia R.'s testimony, as compared with prior statements made by her, and attempting to show some inaccuracy on the details through cross-examination may have been one of the few options available to defense counsel in responding to the prosecution evidence. Questions concerning presentation of evidence and crossexamination of witnesses are inherently tactical decisions best left to counsel's discretion and " 'rarely implicate inadequacy of representation.' [Citation.]" (People v. Williams (1997) 16 Cal.4th 153, 216.) And, there is no showing that defendant received deficient advice as to the pros and cons of accepting the plea or continuing on with trial.
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