What is the test for an ineffective assistance of counsel claim where a defense attorney makes a reasonable tactical decision not to call any witnesses?

MultiRegion, United States of America

The following excerpt is from Aleman v. CDCR, Case No. 1:14-cv-00728-LJO-JLT (E.D. Cal. 2016):

Furthermore, reasonable tactical decisions, including decisions with regard to the presentation of the case, are "virtually unchallengeable." Strickland, 466 U.S. at 687-90. "The decision whether to call any witnesses on behalf of the defendant, and if so which witnesses to call, is a tactical decision of the sort engaged in by defense attorneys in almost every trial." United States v. Nersesian, 824 F.2d 1294, 1321 (2nd Cir.1987); Morris v. California, 966 F.2d 448, 456 (9th Cir.1991) (a tactical decision not to call a particular witness cannot form the basis of an ineffective assistance of counsel claim, even if the defendant disagrees with the decision).

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