Can a court grant a motion for a new trial based on the asserted neglect of counsel in subpoenaing a defense witness?

California, United States of America

The following excerpt is from People v. Randle, 130 Cal.App.3d 286, 181 Cal.Rptr. 745 (Cal. App. 1982):

B. The trial court did not abuse its discretion in denying appellant's motion for new trial based on the asserted neglect of his counsel in subpoenaing a defense witness. The witness was subpoenaed for July 23, 1980, and she informed counsel on July 25, 1980, that he "knew where to reach her ...." Counsel did nothing to invite her to appear or to again subpoena her. The defense was deprived of the witness' testimony through fault of his own and it cannot be said that defendant was denied a fair trial therefor. (People v. Davis (1973) 31 Cal.App.3d 106, 109-110, 106 Cal.Rptr. 897.)

"The most advanced legal research software ever built."

Try it today free of charge!

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.

Other Questions

Does a motion for a new trial have to be granted because the trial court refused to grant a motion to sever? (California, United States of America)

When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)

In what circumstances will the court require a defense counsel to object to a motion where the trial atmosphere was poisonous, and the defense counsel did not object at all? (California, United States of America)

When a defendant's request to represent himself was granted, when the trial court appointed a defense investigator, legal runner, and standby counsel, as well as granting pro. per. funds and telephone access, is he entitled to reversal? (California, United States of America)

Does a motion for a new trial need to be denied because the trial court did not abuse its discretion in denying the motion for new trial? (California, United States of America)

Does trial counsel shirk his constitutional responsibility to provide competent counsel by failing to ask the court to instruct on a bogus self-defense defense? (California, United States of America)

When a trial court makes disparaging or disparaging remarks to the defense counsel or witnesses, is it necessary for a new trial? (California, United States of America)

If a defendant makes a motion for a continuance of trial on grounds of ineffective assistance of counsel at trial, is it appropriate to appoint a new counsel to prepare the motion? (California, United States of America)

Can a court grant a motion for a new trial based on the asserted neglect of counsel in subpoenaing a defense witness?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources