When will counsel refrain from making an objection to evidence at trial?

California, United States of America


The following excerpt is from People v. Seumanu, 192 Cal.Rptr.3d 195, 355 P.3d 384, 61 Cal.4th 1293 (Cal. 2015):

Here we discern two possible reasons why counsel may have refrained from objecting. First, counsel may have desired not to highlight the evidence by making an objection. [T]he decision whether to object, move to strike, or seek admonition regarding [undesired] testimony is highly tactical, and depends upon counsel's evaluation of the gravity of the problem and whether objection or other responses would serve only to highlight the undesirable testimony. (People v. Catlin (2001) 26 Cal.4th 81, 165, 109 Cal.Rptr.2d 31, 26 P.3d 357, italics added.)

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