Does a defendant have to contact defense experts to determine that blood and fingerprint evidence was damning without consulting them?

California, United States of America


The following excerpt is from People v. Lucas, 12 Cal.4th 415, 48 Cal.Rptr.2d 525, 907 P.2d 373 (Cal. 1995):

5 We reject defendant's claim that counsel should not have conceded that the blood and fingerprint evidence was damning without consulting defense experts. Defendant points to no prejudice arising from this failure to contact defense experts, and he must do more than surmise that defense experts might have provided more favorable testimony. (People v. Kaurish (1990) 52 Cal.3d 648, 689, 276 Cal.Rptr. 788, 802 P.2d 278.)

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