When a defendant on appeal makes a claim that his or her counsel was ineffective, can the contention be rejected?

California, United States of America


The following excerpt is from People v. Bolden, D074574 (Cal. App. 2019):

" 'When a defendant on appeal makes a claim that his [or her] counsel was ineffective, the appellate court must consider whether the record contains any explanation for the challenged aspects of representation provided by counsel. "If the record sheds no light on why counsel acted or failed to act in the manner challenged, 'unless counsel was asked for an explanation and failed to provide one, or unless there simply could be no satisfactory explanation,' [citation], the contention must be rejected." ' " (People v. Samayoa (1997) 15 Cal.4th 795, 845.) We presume there was a reasonable tactical basis for counsel's challenged decision unless the record affirmatively demonstrates otherwise. (People v. Lucas (1995) 12 Cal.4th 415, 443.)

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