When will a court defer to counsel's tactical decisions in examining a claim of ineffective assistance of counsel?

California, United States of America


The following excerpt is from People v. Gonzalez, B254844 (Cal. App. 2015):

A reviewing court will defer to counsel's tactical decisions in examining a claim of ineffective assistance of counsel unless there could be no rational tactical purpose for a challenged act or omission, and there is a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance. (People v. Vines (2011) 51 Cal.4th 830, 876.) Accordingly, a defendant's claim of ineffective assistance of counsel is difficult to carry on direct appeal. (Ibid.) A trial lawyer's decision whether to put on a particular witness is a matter trial tactics and strategy which a reviewing court generally will not second-guess. (People v. Pangelina (1984) 153 Cal.App.3d 1, 6-9.)

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