What is the current state of the law on "tactical error review"?

California, United States of America


The following excerpt is from People v. Cutrufelli, A138685 (Cal. App. 2019):

Reviewing "courts should not second-guess reasonable, if difficult, tactical decisions in the harsh light of hindsight." (People v. Scott (1997) 15 Cal.4th 1188, 1212.) "Tactical errors are generally not deemed reversible, and counsel's decisionmaking must be evaluated in the context of the available facts." (People v. Bolin (1998) 18 Cal.4th 297, 333.) Where counsel's trial tactics or strategic reasons for challenged decisions do

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