What is the test for reversing a finding of no reasonable reason for counsel's actions?

California, United States of America


The following excerpt is from People v. Cabrera, A156395 (Cal. App. 2020):

On direct appeal where the record does not disclose the reason for counsel's actions, we may reverse " 'only if (1) the record affirmatively discloses counsel had no rational tactical purpose for the challenged act or omission, (2) counsel was asked for a reason and failed to provide one, or (3) there simply could be no satisfactory explanation.' [Citations.]" (People v. Arredondo (2019) 8 Cal.5th 694, 711.)

Other Questions


What is the test for failing to provide a reasonable probability that defendant would have obtained a more favourable result if counsel had failed to provide counsel with reasonable counsel? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Does a finding that the circumstances might also reasonably reasonably be reconciled with a contrary finding in a personal injury case have to be reversed? (California, United States of America)
If counsel discovered that the burglary had been reduced to a misdemeanor, and lodged an objection below, would counsel have discovered that counsel had discovered that Counsel had discovered it was a misdemeanor? (California, United States of America)
What is the test for finding that counsel made errors so serious that counsel was not functioning as a "counsel" under the Sixth Amendment? (California, United States of America)
Does a finding that an unfair labor practice-related reason for termination constitute a preemption of a plaintiff's cause of action based on other illegal reasons? (California, United States of America)
What is the test for determining whether a defendant can reasonably have reasonably anticipated the events leading up to the action? (California, United States of America)
What is the test for reversing a finding of not guilty of murder by reason of insufficient evidence? (California, United States of America)
What is the difference between a reasonable and unreasonable plaintiff and a reasonable plaintiff under a "reasonable implied assumption of risk" approach? (California, United States of America)
Is the Attorney General's request for limited remand for a reversal and reversal of a finding of vehicular manslaughter? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.