California, United States of America
The following excerpt is from People v. Averhart, D073641 (Cal. App. 2019):
Here, defense counsel may have had a tactical reason for not requesting a further instruction relating to his client's credibility. (See People v. Maury (2003) 30 Cal.4th 342, 394 [rejecting claim that counsel was incompetent for failing to request a limiting instruction because "[a] reasonable attorney may have tactically concluded that the risk of a limiting instruction . . . outweighed the questionable benefits such instruction would provide"].) Counsel may have determined that requesting CALCRIM No. 316 would unduly emphasize that a felony conviction could "destroy or impair [defendant's] credibility," even though such a conviction "does not necessarily" do so. (CALCRIM No. 316; see People v. Hinton (2006) 37 Cal.4th 839, 878 ["Defendant also complains
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