What is the test for calling a witness in a trial?

California, United States of America


The following excerpt is from People v. Grant, C073063 (Cal. App. 2014):

The decision to call a witness is a matter of trial tactics, unless the decision results from unreasonable failure to investigate. (People v. Bolin (1998) 18 Cal.4th 297, 334.) " ' "Reviewing courts defer to counsel's reasonable tactical decisions in examining a claim of ineffective assistance of counsel [citation], and there is a 'strong presumption

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that counsel's conduct falls within the wide range of reasonable professional assistance.' " [Citation.] . . . "[C]ourts should not second-guess reasonable, if difficult, tactical decisions in the harsh light of hindsight" [citation]. "Tactical errors are generally not deemed reversible, and counsel's decisionmaking must be evaluated in the context of the available facts." [Citation.]' " (People v. Stanley (2006) 39 Cal.4th 913, 954.)

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