In what circumstances will defense counsel be deficient for failing to object to the admission of 10 predicate offenses?

California, United States of America


The following excerpt is from People v. Sandoval, H034186 (Cal. App. 2011):

Here, defense counsel was not deficient for failing to object to the admission of the 10 predicate offenses. The predicate offenses at issue here were not unduly prejudicial, because none of them involved defendant, and each was described in a basic, superficial way. The evidence was not more inflammatory than the testimony about defendant's and Herrera's conduct during the shooting incident in this case. In addition, the testimony regarding the predicate offenses did not "necessitate undue consumption of time." (Evid. Code, 352.) The testimony necessitated 41 pages of trial transcript that has a total of 2,398 pages. (Compare People v. Williams, supra, 170 Cal.App.4th at pp. 610-611.) Had defense counsel objected on the ground of Evidence Code section 352, the court would have acted well within its discretion in overruling the objection.

Other Questions


In what circumstances will the court require a defense counsel to object to a motion where the trial atmosphere was poisonous, and the defense counsel did not object at all? (California, United States of America)
Is there a defense counsel who failed to object to the asserted error by failing to object? (California, United States of America)
Can a defense counsel appeal against an admonition from the trial court for failing to timely object to challenged statements made by defense counsel regarding sexual assault? (California, United States of America)
Can defense counsel argue that defense counsel failed to object to the foregoing procedure or request that written instructions be provided to the jury? (California, United States of America)
When a prosecutor asks a defense counsel a question in voir dire about rape and sexual assault, is the defense counsel's failure to object to the questions? (California, United States of America)
Does trial counsel shirk his constitutional responsibility to provide competent counsel by failing to ask the court to instruct on a bogus self-defense defense? (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)
Does a defense counsel provide ineffective assistance by failing to object to an instruction given by counsel? (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)
Can the performance of defense counsel be deficient for failing to object? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.