What is the argument that defense counsel made an unreasonable tactical choice not to call other neighborhood children as witnesses at trial?

California, United States of America


The following excerpt is from People v. Arias, H043447 (Cal. App. 2017):

Defendant has failed to show that defense counsel made an unreasonable tactical choice not to call other neighborhood children as witnesses at trial, that their testimony would have been admissible and withstood objection had they been called as witnesses (see e.g. Evid. Code, 210, 350, 352, 1101, subd. (a); 1102; cf. People v. McAlpin (1991) 53 Cal.3d 1289, 1305-1310), or that, had their testimony been admitted, there is a reasonable probability of a more favorable outcome. No ineffective assistance of counsel has been shown.

5. Argument on Behalf of Defendant

Other Questions


Is there any case law where a trial counsel's argument to the jury that a lack of tactical purpose or satisfactory explanation for defense counsel's omission was a tactical error? (California, United States of America)
Does the trial court erred by discussing some of defendant's complaints about defense counsel and disagreements with defense counsel in the presence of the prosecutor? (California, United States of America)
When a trial court makes disparaging or disparaging remarks to the defense counsel or witnesses, is it necessary for a new trial? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Does trial counsel shirk his constitutional responsibility to provide competent counsel by failing to ask the court to instruct on a bogus self-defense defense? (California, United States of America)
When a prosecutor criticizes a defense attorney's conduct at trial, can the prosecutor be found guilty of misconduct if the prosecutor's arguments are not in the context of the defense counsel's conduct? (California, United States of America)
In what circumstances will the court require a defense counsel to object to a motion where the trial atmosphere was poisonous, and the defense counsel did not object at all? (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)
In a sexual assault case, in what circumstances would the jury have considered a defense counsel's closing argument that the prosecutor's rebuttal to the closing argument had the trial court sustained an objection? (California, United States of America)
Can a defense counsel's failure to obtain bank records in time for trial be treated as trial tactics? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.