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

The following excerpt is from People v. Riel, 22 Cal.4th 1153, 96 Cal.Rptr.2d 1, 998 P.2d 969 (Cal. 2000):

This case presents no such unusual circumstances. The trial atmosphere was not poisonous, defense counsel did not object at all, and the record fails to suggest that any objections would have been futile. The normal rule requiring an objection applies here, not the unusual one applied to the extreme circumstances of People v. Hill, supra, 17 Cal.4th 800, 72 Cal.Rptr.2d 656, 952 P.2d 673. This issue is, accordingly, not cognizable.

Other Questions

When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Does a defense counsel's failure to make an offer of proof in response to a sustaining objection to the trial court's sustaining a relevance objection waiver? (California, United States of America)
In a sexual assault case, in what circumstances would the jury have considered a defense counsel's closing argument that the prosecutor's rebuttal to the closing argument had the trial court sustained an objection? (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)
Does a motion for a new trial need to be denied because the trial court did not abuse its discretion in denying the motion for new trial? (California, United States of America)
Does the trial court erred by discussing some of defendant's complaints about defense counsel and disagreements with defense counsel in the presence of the prosecutor? (California, United States of America)
If a defendant makes a motion for a continuance of trial on grounds of ineffective assistance of counsel at trial, is it appropriate to appoint a new counsel to prepare the motion? (California, United States of America)
In what circumstances will the trial court exercise discretion in requiring a prosecutor to disclose to defense counsel the portions of a video he intended to display to the jury? (California, United States of America)
In a personal injury action, in what circumstances will the trial court allow the defense counsel to comment on the conduct of plaintiffs' counsel? (California, United States of America)
Is there any case law where the trial court would have exercised its discretion not to award a motion for damages even if the trial judge was aware of the fact that the motion was being brought before the court? (California, United States of America)

Whitelogo nobg 300dpi sm

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.