Does counsel who fail to respond when given the chance to respond to arguments in an adversarial context deprive the trial court of the opportunity to consider their arguments in a similar context?
California, United States of America
The following excerpt is from People v. Hardy, 233 Cal.Rptr.3d 378, 418 P.3d 309, 5 Cal.5th 56 (Cal. 2018):
This concern applies here. By failing to respond when given the chance, counsel deprived the trial court of the opportunity to consider arguments in an adversarial context. Judges necessarily rely on the arguments of counsel. ( Uttecht v. Brown , supra , 551 U.S. at p. 18, 127 S.Ct. 2218.) The failure also denied the prosecutor the opportunity to defend herself against defendants claims that
[5 Cal.5th 81]
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