In what circumstances will a defense counsel be required to rest his case without putting on a defense?

California, United States of America


The following excerpt is from People v. Ratliff, 224 Cal.Rptr. 705, 41 Cal.3d 675, 715 P.2d 665 (Cal. 1986):

As we stated in People v. Jackson (1980) 28 Cal.3d 264, 292-293, 168 Cal.Rptr. 603, 618 P.2d 149, "it is entirely understandable that trial counsel, given the weight of incriminating evidence, made no sweeping declarations of his client's innocence but instead adopted a more realistic approach, namely, that although defendant and others may have committed both burglaries, and may have aided and abetted

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Imposition of a duty to obtain personal waivers of constitutional rights whenever such tactics are anticipated could substantially interfere with counsel's tactical conduct of the trial. Accordingly, we decline to require such personal waivers in these circumstances. (See People v. Frierson (1985) 39 Cal.3d 803, 818, fn. 8, 218 Cal.Rptr. 73, 705 P.2d 396 [no personal waivers required where defense counsel elects to rest his case without putting on a defense].)

F. Special Circumstances Finding

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