Is there any case law where a prosecution called a witness who was not able to remember the crime?

and if not, why not. Therefore, reversal is not appropriate. (People v. Lopez (2008) 42 Cal.4th 960, 972.) Even if we were to consider this failure to constitute incompetency, defendant has the heavy burden of showing that absent the calling of this witness, there is a reasonable probability he would have enjoyed a different outcome. (Strickland v. Washington (1984) 466 U.S. 688, 694, 697.) Defendant asserts that the calling of this witness "resulted in an inference that [defendant] was attempting to put up a smokescreen." We disagree. The only thing conveyed by this witness's testimony was the suggestion that the defense hoped he would be able to remember that defendant was living at the friend's mother's house at the time of the crimes, and, therefore, was being kept in line by the friend's mother and did not go anywhere without the friend. Unfortunately, the friend could not support this assertion. We are confident that jurors are well aware of the foibles of memory. There was no suggestion that defendant was attempting to get his friend to lie for him¹⁴ or to otherwise create a smokescreen.¹⁵

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b. Failure to Object to Leading Questions by the Prosecutor

1. Directed at the Second Victim