California, United States of America
The following excerpt is from People v. Chandler, H040429 (Cal. App. 2015):
Appellant acknowledges that the failure to present evidence promised in an opening statement is not necessarily ineffective assistance and can be a reasonable tactical decision. "Whether the failure to produce a promised witness amounts to ineffective assistance of counsel is a fact-based determination that must be assessed on a case-by-case basis. [Citation.] Forgoing the presentation of testimony or evidence promised in an opening statement can be a reasonable tactical decision, depending on the circumstances of the case. [Citations.]" (People v. Stanley (2006) 39 Cal.4th 913, 955.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.