Is there any case law where a defense counsel indicated in limine discussions that their client would testify?

California, United States of America


The following excerpt is from People v. Tassell, 201 Cal.Rptr. 567, 36 Cal.3d 77, 679 P.2d 1 (Cal. 1984):

3 During in limine discussions, defense counsel indicated that "as of right now" his client would testify and that the defense would be consent. If this prediction had proved inaccurate and an issue of identity had remained in the case after the defense rested, it surely would have constituted an abuse of discretion not to permit the People to reopen for the purpose of offering additional relevant evidence on the issue of identity. (Cf. People v. Chacon (1968) 69 Cal.2d 765, 777, fn. 5, 73 Cal.Rptr. 10, 447 P.2d 106.)

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