Can a defense counsel's failure to obtain bank records in time for trial be treated as trial tactics?

California, United States of America

The following excerpt is from People v. Milligan, B225563 (Cal. App. 2012):

We cannot comprehend any reasonable basis for defense counsel's failure to obtain the necessary bank records in time for trial. These documents were critical to establishing defendant's alibi defense. As such, counsel's failure to obtain them cannot be explained as trial tactics. (People v. Lucas (1995) 12 Cal.4th 415, 437 [conviction subject to reversal on direct appeal due to ineffective assistance of counsel where record "affirmatively discloses that counsel had no rational tactical purpose for [his or her] act or omission"].) His failure to secure the bank records prior to trial was deficient.

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