What is the test for ineffective assistance in a motor vehicle case?

MultiRegion, United States of America

The following excerpt is from Bennett v. Borg, 15 F.3d 1083 (9th Cir. 1993):

He is unhappy with the arguments his counsel made at trial and with his counsel's decision not to call certain witnesses and investigate certain leads. However, the choice of what defense to present is a tactical decision. See Bashor v. Risley, 730 F.2d 1228, 1241 (9th Cir.), cert. denied, 469 U.S. 838 (1984) (counsel's decision not to offer a negligent homicide instruction, thus leaving the jury with the choice of finding the defendant guilty of murder or acquitting him, was tactical). A reasonable tactical decision by counsel with which a petitioner disagrees cannot form the basis of an ineffective assistance claim. Guam v. Santos, 741 F.2d 1167, 1169 (9th Cir.1984).

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