What is the current state of the law in the context of the Court of Appeal's "tactical considerations" in deciding whether or not to second guessing tactical decisions reached by counsel?
California, United States of America
The following excerpt is from People v. White, 118 Cal.App.3d 767, 173 Cal.Rptr. 575 (Cal. App. 1981):
"Appellate courts must recognize that in second guessing tactical decisions reached by trial counsel, they chill the creativity of lawyers with a resultant standardized and mechanistic style of advocacy developed in every case as a matter of protection for the lawyer with questionable benefit to the client. Lawyers must retain the individuality of thought essential to the artisan in the performance of his craft." (People v. Espinoza (1979) 99 Cal.App.3d 44, 48, 159 Cal.Rptr. 803.)
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