California, United States of America
The following excerpt is from People v. Shah, H043097 (Cal. App. 2017):
component of an ineffective assistance of counsel claim requires a showing that "counsel's representation fell below an objective standard of reasonableness" "under prevailing professional norms." (Id. at p. 688.) A court must indulge a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance. (Id. at p. 689.) "Tactical errors are generally not deemed reversible; and counsel's decisionmaking must be evaluated in the context of the available facts." (People v. Hart (1999) 20 Cal.4th 546, 623.) To the extent the record on appeal fails to disclose why counsel acted or failed to act in the manner challenged, we will affirm the judgment unless counsel was asked for an explanation and failed to provide one, or unless there simply could be no satisfactory explanation. (People v. Mendoza Tello (1997) 15 Cal.4th 264, 266.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.