Does prior counsel's cross-examination of witnesses or handling of evidence at the preliminary examination constitute improper conduct?

California, United States of America


The following excerpt is from People v. Zwick, G047104 (Cal. App. 2013):

(b) Items number 3, 4, 14, 16, and 17 address prior counsel's cross-examination of witnesses or handling of evidence at the preliminary examination. Trial counsel's limited cross-examination at a preliminary hearing may be a tactic to defer the real effort to the trial itself. (People v. Gibbs (1967) 255 Cal.App.2d 739, 744.) The reason for this deference is trial counsel may have had a rational tactical reason for his cross-examination technique at the preliminary hearing.

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