Can counsel consult with a medical expert and determine no favorable testimony would result if the expert was called as a witness?

California, United States of America


The following excerpt is from People v. Deville, E057286 (Cal. App. 2013):

Here, the silent record leaves it entirely possible that counsel did consult with a medical expert and determined that no favorable testimony would result if the expert was called as a witness. As the court stated in People v. Bolin (1998) 18 Cal.4th 297 at page 334, "The record does not establish defense experts would have provided exculpatory evidence if called, and we decline to speculate in that regard . . . ." Moreover, as discussed above, we have concluded that the limitation on cross-examination was not

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prejudicial. We therefore reject defendant's argument that he received ineffective assistance of counsel.

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