What is the test for failing to do a proper due diligence on a witness?
California, United States of America
The following excerpt is from People v. Windfield, 208 Cal.Rptr.3d 47, 3 Cal.App.5th 739 (Cal. App. 2016):
due diligence was in order because of her value to the prosecution (see People v. Herrera (2010) 49 Cal.4th 613, 622, 110 Cal.Rptr.3d 729, 232 P.3d 710) must be rejected.
2. Insufficiency of the Evidence
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If an attorney does not do a proper due diligence to locate a witness at the last known address of the witness before trial, what are the consequences of the attorney's actions? (California, United States of America)
Does a prosecutor have the power to ask a witness if they have evidence that the witness is not a witness? (California, United States of America)
What if a defendant fails to obtain a ruling on his objection that a witness has not been meaningfully qualified as a witness? (California, United States of America)
In what circumstances have the courts found the prosecution failed to exercise reasonable diligence in subpoenaing a witness at a preliminary hearing? (California, United States of America)
Does the failure to locate a witness during a search for witnesses constitute lack of diligence? (California, United States of America)
Is it relevant and proper for a police officer to testify that he witnessed a witness identify a defendant in a lineup? (California, United States of America)
Does a witness who disowns his out-of-court identification have an opportunity to question the witness on the witness stand? (California, United States of America)
Can a witness be admitted as a witness at a preliminary hearing where the witness is in a state hospital? (California, United States of America)
What is the test for establishing that counsel failed to investigate and/or failed to call witnesses? (California, United States of America)
What is the test for failing to properly cross-examine a witness? (California, United States of America)
