What is the state of the law on "tactical" identification?

California, United States of America


The following excerpt is from People v. Higgins, F065359 (Cal. App. 2014):

""[W]e accord great deference to counsel's tactical decisions" [citation], and ... "courts should not second-guess reasonable, if difficult, tactical decisions in the harsh light of hindsight" [citation].'" (People v. Jones (2003) 29 Cal.4th 1229, 1254; accord, People v. Weaver (2001) 26 Cal.4th 876, 928 ["'even "debatable trial tactics" do not "constitute a deprivation of the effective assistance of counsel"'"].)

Considering the underlying issue of the identification itself, we discern no error.

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