Is there any case law where a trial counsel's argument to the jury that a lack of tactical purpose or satisfactory explanation for defense counsel's omission was a tactical error?
California, United States of America
The following excerpt is from People v. Shackelford, H038811 (Cal. App. 2014):
In light of trial counsel's argument to the jury, defendant cannot show this record affirmatively discloses a lack of tactical purpose or satisfactory explanation for defense counsel's omission. "[T]he difference between [defense] counsel's approach and appellate counsel's hindsight analysis [of what defense counsel should have done] is simply one of tactics. . . ." (People v. Morales (1979) 88 Cal.App.3d 259, 268 (Morales).)
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