When will a review court reverse a conviction on the grounds of inadequate counsel?

California, United States of America


The following excerpt is from People v. Conner, No. C062473 (Cal. App. 5/18/2010), No. C062473. (Cal. App. 2010):

"Reviewing courts will reverse convictions on the ground of inadequate counsel only if the record on appeal affirmatively discloses that counsel had no rational tactical purpose for his act or omission. In all other cases the conviction will be affirmed and the defendant relegated to habeas corpus proceedings at which evidence . . . may be taken to determine the basis, if any, for counsel's conduct or omission. (People v. Fosselman (1983) 33 Cal.3d 572, 581-582.) Assuming defendant provided the names of possible witnesses as he claims, there may have been plausible tactical reasons supporting counsel's decision not to call those witnesses to testify. Counsel may have felt that testimony from those witnesses could potentially be more detrimental than beneficial to defendant's case. In any case, the record does not affirmatively disclose that counsel had no rational tactical purpose for not calling additional witnesses. As a result, this court is in no position to afford defendant any relief.

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