Is there any evidence that counsel was ineffective in failing to object to the use of statements by defendant in his own defense?

California, United States of America


The following excerpt is from People v. Milner, 246 Cal.Rptr. 713, 45 Cal.3d 227, 753 P.2d 669 (Cal. 1988):

The claim that counsel was ineffective in failing to object to the use of the statements on cross-examination of defendant is equally without merit. As we stated in People v. Harris (1981) 28 Cal.3d 935, 953, 171 Cal.Rptr. 679, 623 P.2d 240, when "a defendant voluntarily testifies in his own defense the People may 'fully amplify his testimony by inquiring into the facts and circumstances surrounding his assertions, or by introducing evidence through cross-examination which explains or refutes his statements or the inferences which may necessarily be drawn from them.' "

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