Can counsel fail in his duty to point out to the court where evidence is proper to be given that a witness has given a positive answer to a question?
California, United States of America
The following excerpt is from People v. Kennedy, 19 Cal.Rptr. 683, 200 Cal.App.2d 814 (Cal. App. 1962):
Counsel failed in his duty to point out to the court wherein such evidence was proper. (People v. Murdeck, 183 Cal.App.2d 861, 868, 7 Cal.Rptr. 293.) Furthermore in this case the witness answered the question in the negative before the objection was made and the answer was never stricken from the record.
"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 witness gives evidence that incriminating statements should not be considered as evidence by a jury, when the witness is a codefendant, what should the court say? (California, United States of America)
Does a witness who disowns his out-of-court identification have an opportunity to question the witness on the witness stand? (California, United States of America)
In what circumstances will a defense counsel object to a prosecutor's argument that a witness who withdrew from questioning because she was not engaging with the questioning, is entitled to continue questioning? (California, United States of America)
Does a person who refuses to answer any question put to him by police for questioning need not answer any questions at all and may go on his way? (California, United States of America)
What is the legal test for admitting an out of court interview where a deceased witness has given evidence that he was not competent to be a witness? (California, United States of America)
What is the legal test for admitting an out of court interview where a deceased witness has given evidence that he was not competent to be a witness? (California, United States of America)
Does a competent, unconflicted counsel who submitted on the evidence at the preliminary hearing, should have argued to the trial court that this evidence did not establish the lawful duty element beyond a reasonable doubt? (California, United States of America)
Does section 7895 of the California Family Code require an appellate court to appoint counsel for a parent unable to afford counsel for their child who is a dependent child of the juvenile court? (California, United States of America)
When a factual determination is challenged by an appellate court on the grounds that there is no substantial evidence to sustain it, can the appellate court substitute its deductions for those of the trial court? (California, United States of America)
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)
