Can a defense counsel be ineffective for not asking the victim on cross-examination if she had committed sexual assault?
California, United States of America
The following excerpt is from People v. Shea, 39 Cal.App.4th 1257, 46 Cal.Rptr.2d 388 (Cal. App. 1995):
Appellant contends defense counsel was ineffective for not asking the victim on cross-examination if she had committed those offenses. (See People v. Wheeler, supra, 4 Cal.4th at p. 300, fn. 14, 14 Cal.Rptr.2d 418, 841 P.2d 938.) We disagree.
"The most advanced legal research software ever built."
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
When a prosecutor asks a defense counsel a question in voir dire about rape and sexual assault, is the defense counsel's failure to object to the questions? (California, United States of America)
Can a defense counsel appeal against an admonition from the trial court for failing to timely object to challenged statements made by defense counsel regarding sexual assault? (California, United States of America)
In a sexual assault case, is a defendant more culpable in committing two acts of sodomy than if they committed only one act of sexual assault? (California, United States of America)
In a sexual assault case, can defendant appeal against his convictions for sexual assault against two different victims? (California, United States of America)
When testifying in a sexual assault case, does the use of the word "sex" by the victims constitute sufficient evidence for the purposes of sexual arousal or sexual gratification? (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)
What is the test for determining whether a sexual assault victim is sexually assaulted on a bus? (California, United States of America)
Can a prosecutor in a sexual assault case portray defense counsel as a villain who is attacking the victim? (California, United States of America)
Is a prosecutor's comment that defense counsel was seeking to "distract the jury from the evidence as an attack on counsel's integrity a fair response to defense counsel's remarks? (California, United States of America)
Can a prosecutor commit misconduct if he or she attacks the integrity of defense counsel or casts aspersions on defense counsel? (California, United States of America)
