What is the test for determining whether counsel acted in a tactical or tactical manner in opposing the prosecution's closing argument?

California, United States of America


The following excerpt is from People v. Smith, C075423 (Cal. App. 2018):

" 'Unless a defendant establishes the contrary, we shall presume that "counsel's performance fell within the wide range of professional competence and that counsel's actions and inactions can be explained as a matter of sound trial strategy." ' [Citations.] When the record on direct appeal sheds no light on why counsel failed to act in the manner challenged, defendant must show that there was ' " 'no conceivable tactical purpose' " for counsel's act or omission. [Citations.]' [Citation.] '[T]he decision facing counsel in the midst of trial over whether to object to comments made by the prosecutor in closing argument is a highly tactical one . . . .' [Citation.], and 'a mere failure to object to evidence or argument seldom establishes counsel's incompetence' [Citation]." (People v. Centeno (2014) 60 Cal.4th 659, 674-675.)

Other Questions


How have courts interpreted the test for determining whether trial counsel acted or failed to act in the manner challenged on appeal? (California, United States of America)
Is there any case law where a trial counsel's argument to the jury that a lack of tactical purpose or satisfactory explanation for defense counsel's omission was a tactical error? (California, United States of America)
What is the test for determining whether a defendant's mental impairment is an impairment when determining whether he acted in imperfect or complete self-defense? (California, United States of America)
Is there a reasonable likelihood that a prosecutor's comment at the closing argument was directed solely at the persuasive force of defense counsel's closing argument? (California, United States of America)
What is the test for determining whether a defence counsel acted as a "tactical error" in the context of a witness witness testimony? (California, United States of America)
Does a defense counsel who objected to the prosecutor's closing argument during closing argument at a civil trial have any right to an objection? (California, United States of America)
In a sexual assault case, in what circumstances would the jury have considered a defense counsel's closing argument that the prosecutor's rebuttal to the closing argument had the trial court sustained an objection? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
What is the test for determining whether a defendant can be convicted of a lesser included crime under section 1097 of the California Public Prosecutions Act? (California, United States of America)
What is the test for determining whether a party can appeal against a finding that a party to the Cannabis Control Act is acting unlawfully? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.