California, United States of America
The following excerpt is from People v. Townsend, F072456 (Cal. App. 2018):
Defense counsel was not asked for an explanation regarding his failure to call an eyewitness identification expert. Because the record does not reveal why defense counsel elected not to present an expert witness, appellant's claim on direct appeal must fail. (See People v. Mitcham, supra, 1 Cal.4th at p. 1059 [rejecting ineffective assistance claim because record did not reveal why defense counsel failed to present a defense].) Moreover, this record does not affirmatively disclose that defense counsel had no rational tactical reason for his failure to present an expert witness. Accordingly, this claim on direct appeal fails.
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2. A limiting instruction regarding the outside sources that may have influenced the eyewitness identifications.
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