Is a comment by defendant's counsel on the failure to call treating physicians as witnesses prejudicial?
California, United States of America
The following excerpt is from Avey v. Mink, G058637 (Cal. App. 2020):
The issue in Smith v. Covell that is relevant to this appeal is the comment by defendant's counsel on the plaintiffs' failure to call treating physicians as witnesses. The court in Smith v. Covell held the comment was prejudicial error:
"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
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
Does a defendant's failure to request a pinpoint instruction on voluntary intoxication as it applied to an attempted robbery constitute prejudicial ineffective assistance of counsel? (California, United States of America)
Is a defendant entitled to damages if the prosecutor improperly commented upon defendant's failure to testify? (California, United States of America)
Can a defendant argue that counsel's failure to object to the prosecutor's argument violated his right to effective assistance of counsel? (California, United States of America)
Can a prosecutor comment on the failure of a defendant to take the witness stand? (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)
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)
Is a failure to readvise an unrepresented defendant of their right to counsel under section 987, subdivision (a) prejudicial? (California, United States of America)
Can a defendant argue that trial counsel's failure to object to the prosecutor's remarks amounted to ineffective assistance of counsel in a habeas corpus proceeding? (California, United States of America)
Does a defense counsel's failure to object to a prosecutor's reasonableness comments necessarily constitute ineffective assistance of counsel? (California, United States of America)
