In what circumstances will the trial judge not the defense counsel?

California, United States of America

The following excerpt is from People v. Tapia, 25 Cal.App.4th 984, 30 Cal.Rptr.2d 851 (Cal. App. 1994):

Finally, even in the context of invited error, the trial judge, not defense counsel, has the duty to apply the correct law. The court's duty to apply the correct law in criminal cases can only be negated in those "special situations" in which defense counsel deliberately or expressly, as a matter of trial tactics, caused the error. (People v. Graham (1969) 71 Cal.2d 303, 318, 78 Cal.Rptr. 217, 455 P.2d 153.) "In the absence of a clear

Page 878

The dissent's passionate desire to affirm the convictions in the face of clear prejudicial constitutional error must remain unsatisfied.

"The most advanced legal research software ever built."

Try it today free of charge!

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

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)

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)

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)

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 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 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)

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)

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)

What is the test for a trial judge to proceed with the trial of a defendant under section 1368 of the California Mental Health Act if the trial judge receives the reports of two psychiatrists? (California, United States of America)

In a penalty case, in what circumstances was the trial court's opinion that defense counsel had done a great job preparing the penalty phase? (California, United States of America)

In what circumstances will the trial judge not the defense counsel?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources