California, United States of America
The following excerpt is from People v. Johnston, H045905 (Cal. App. 2019):
devices and social media and his use of alcohol employing a consistent rationale. Although the record before us is limited, defense counsel here could have reasonably chosen not to object specifically to the electronic devices and social media conditions given the evidence and the greater likelihood of success with other objections. (See People v. Kendrick (2014) 226 Cal.App.4th 769, 779.)
"When counsel focuses on some issues to the exclusion of others, there is a strong presumption that [she] did so for tactical reasons rather than through sheer neglect. [Citation.] That presumption has particular force where a [defendant] bases his ineffective-assistance claim solely on the trial record, creating a situation in which a court 'may have no way of knowing whether a seemingly unusual or misguided action by counsel had a sound strategic motive.' " (Yarborough v. Gentry (2003) 540 U.S. 1, 8.)
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