When will a court review a defence counsel's failure to object to evidence?

California, United States of America


The following excerpt is from People v. Rye, G043934, Super. Ct. No. 06CF1151 (Cal. App. 2012):

First, "failure to object is a matter of trial tactics as to which we will not exercise judicial hindsight." (People v. Kelly (1992) 1 Cal.4th 495, 520.) "A reviewing court will not second-guess trial counsel's reasonable tactical decisions." (Ibid.) To be sure, we may review counsel's decision when "'"there simply could be no satisfactory explanation"'" (ibid.) for failing to object, as defendant insists is true here. We disagree.

Defense counsel may have reasonably refrained from objecting out of recognition the objection lacked merit. "The failure to object to admissible evidence does not constitute ineffective assistance of counsel when to do so would have been futile." (People v. Ferraez (2003) 112 Cal.App.4th 925, 934.)

Other Questions


How does the Court of Appeal review a trial court's ruling to admit evidence over defendant's objection based on evidence section 352? (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)
When will counsel's failure to object to admission of evidence under section 352 of the California Evidence Code be reviewed on appeal? (California, United States of America)
Is a defendant's failure to object to a motion of defence counsel's objection sufficient to avoid the forfeiture rule? (California, United States of America)
In reviewing a lower court's ruling for abuse of power, does the court review the evidence or evaluate the credibility of witnesses? (California, United States of America)
Does a defense counsel's failure to make an offer of proof in response to a sustaining objection to the trial court's sustaining a relevance objection waiver? (California, United States of America)
Does a defense counsel's failure to object to the court's discussion of reasonable doubt constitute ineffective assistance of counsel? (California, United States of America)
In what circumstances will the court require a defense counsel to object to a motion where the trial atmosphere was poisonous, and the defense counsel did not object at all? (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)
In reviewing the sufficiency of evidence to support the conviction, how does the court review the evidence? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.