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.)
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