California, United States of America
The following excerpt is from People v. Santana, H044594 (Cal. App. 2020):
" ' "It is well settled that when a witness is questioned on cross-examination as to matters relevant to the subject of the direct examination but not elicited on that examination, he [or she] may be examined on redirect as to such new matter." ' [Citation.] ' "The extent of the redirect examination of a witness is largely within the discretion of the trial court." ' [Citation.]" (People v. Hamilton (2009) 45 Cal.4th 863, 921.)
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"Cross-examination is always a risky processeven experienced counsel conducting a brilliant cross-examination might inadvertently elicit damaging disclosures, a risk inherent in the tactical decision to conduct cross-examination." (People v. Ervin (2000) 22 Cal.4th 48, 94.) In general, "the decision to what extent and how to cross-examine witnesses comes within the wide range of tactical decisions competent counsel must make. [Citation.] 'Even where defense counsel may have " 'elicit[ed] evidence more damaging to [the defendant] than the prosecutor was able to accomplish on direct' " [citation], [courts] have been "reluctant to second-guess counsel" [citation] where a tactical choice of questions led to the damaging testimony.' [Citation.]" (People v. Cleveland (2004) 32 Cal.4th 704, 746.)
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