California, United States of America
The following excerpt is from People v. Robinson, B259873 (Cal. App. 2016):
appears to have been a reasonable tactical decision. Moreover, nothing in the record suggests an objection by counsel would have had any effect on the court's decision to exclude the evidence, a ruling, as discussed, that was well within the trial court's discretion under Evidence Code section 352. (See People v. Solomon (2010) 49 Cal.4th 792, 843, fn. 24 ["[t]he Sixth Amendment does not require counsel to raise futile motions"]; accord, People v. Memro (1995) 11 Cal.4th 786, 834 ["[t]he Sixth amendment does not require counsel '"to waste the court's time with futile or frivolous motions"'"].)
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