California, United States of America
The following excerpt is from People v. Powell, B295965 (Cal. App. 2020):
counsel failed to adequately investigate the issue, or lacked a tactical reason for failing to call an expert. (See People v. Jones (2003) 30 Cal.4th 1084, 1115.) The court raised the issue of the lack of expert testimony several times, but did not directly ask defense counsel for an explanation. Defense counsel did not seek to introduce evidence of defendant's diagnoses, but she did elicit testimony from defendant and his mother focused on his history of mental illness and his mental state at the time of the incidents. Counsel then argued in closing that this evidence supported a finding that defendant lacked the specific intent required for criminal threats.
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