Does the Court have any authority or authority to second-guess the factual determination of an attorney?

California, United States of America


The following excerpt is from Di Donato v. Santini, 232 Cal.App.3d 721, 283 Cal.Rptr. 751 (Cal. App. 1991):

8 Respondent again asks us to defer to the trial court, this time with regard to its conclusion as to whether the explanation tendered by the defense was adequate. Because a trial judge's findings related to the sufficiency of an attorney's showing " 'largely will turn on evaluation of credibility, a reviewing court ordinarily should give those findings great deference' " and not "second-guess his factual determination." (People v. Johnson, supra, 47 Cal.3d 1194, 1221, 255 Cal.Rptr. 569, 767 P.2d 1047.) "The trial court, however, must make 'a sincere and reasoned attempt to evaluate the [attorney's] explanation in light of the circumstances of the case as then known, his knowledge of trial techniques, and his observations of the manner in which the [attorney] has examined members of the venire and has exercised challenges for cause or peremptorily." (Id., at p. 1216, 255 Cal.Rptr. 569, 767 P.2d 1047.) In light of the perfunctory inquiry made by the trial judge in the present case and the absence of any subsequent meaningful finding on his part, we are unable to accord deference to the trial court's ruling denying appellants' challenge to the jury.

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