In what circumstances will counsel not call an expert witness to challenge eyewitness identification?
California, United States of America
The following excerpt is from People v. Mendez, F071843 (Cal. App. 2018):
course of trial in the "harsh light of hindsight." (People v. Hinton (2006) 37 Cal.4th 839, 876.) And, in this case, in the absence of any clear facts indicating defense counsel made a tactical error during trial by not calling an expert witness to challenge the eyewitness identification, we will let her decision stand.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a court reverse a defense counsel's decision not to call an expert witness to challenge eyewitness identification? (California, United States of America)
Does a witness who disowns his out-of-court identification have an opportunity to question the witness on the witness stand? (California, United States of America)
Can counsel consult with a medical expert and determine no favorable testimony would result if the expert was called as a witness? (California, United States of America)
If counsel discovered that the burglary had been reduced to a misdemeanor, and lodged an objection below, would counsel have discovered that counsel had discovered that Counsel had discovered it was a misdemeanor? (California, United States of America)
What is the reason why defense counsel declined to call an eyewitness identification expert? (California, United States of America)
In what circumstances will a defendant's trial counsel be deficient in failing to suppress the identification of a witness? (California, United States of America)
Does Counsel's statements imply that Counsel never stated whether a witness's statement was made in connection with the matter on which counsel represented her? (California, United States of America)
Does Section 170.6, subdivision (2) of the Peremptory Challenge Act require counsel to disclose the identity of the assigned judge to counsel before counsel for the moving party learns that the assigning judge has been identified? (California, United States of America)
What are the consequences of counsel for the People yelling at a witness on the witness? (California, United States of America)
Is a prosecutor's comment that defense counsel was seeking to "distract the jury from the evidence as an attack on counsel's integrity a fair response to defense counsel's remarks? (California, United States of America)
