What is the test for ineffective assistance of counsel when a plaintiff fails to produce evidence promised in their opening statement?

California, United States of America


The following excerpt is from People v. Chandler, H040429 (Cal. App. 2015):

Appellant acknowledges that the failure to present evidence promised in an opening statement is not necessarily ineffective assistance and can be a reasonable tactical decision. "Whether the failure to produce a promised witness amounts to ineffective assistance of counsel is a fact-based determination that must be assessed on a case-by-case basis. [Citation.] Forgoing the presentation of testimony or evidence promised in an opening statement can be a reasonable tactical decision, depending on the circumstances of the case. [Citations.]" (People v. Stanley (2006) 39 Cal.4th 913, 955.)

Other Questions


Does a defense counsel render ineffective assistance of counsel for failing to include the victim's letter in their opening statement? (California, United States of America)
Is ineffective assistance to counsel ineffective assistance of counsel? (California, United States of America)
Is there any case law where a defendant's claim that his counsel provided ineffective assistance by failing to object to the prosecutor's statements concerning his right to assert self-defense fails? (California, United States of America)
Does Counsel's failure to object to evidence of a hypodermic needle and vial evidence constitute ineffective assistance of counsel? (California, United States of America)
Is ineffective assistance of counsel ineffective when counsel fails to object to the issue? (California, United States of America)
What is the record of the appellant's appeal against a finding that counsel provided ineffective assistance and ineffective assistance to counsel? (California, United States of America)
Does a motion for a new trial on ineffective assistance of counsel fail to address the issue of ineffective assistance? (California, United States of America)
Does a defense counsel provide ineffective assistance by failing to seek to exclude statements on that ground? (California, United States of America)
Is ineffective assistance of counsel ineffective when a defense attorney fails to raise a meritless objection? (California, United States of America)
Is ineffective assistance of counsel ineffective assistance on appeal? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.