What is the test to sustain a claim of inadequate representation by reason of failure to call a witness?
California, United States of America
The following excerpt is from People v. Hamilton, 2 Cal.App.3d 596, 82 Cal.Rptr. 700 (Cal. App. 1969):
'To sustain a claim of inadequate representation by reason of failure to call a witness, there must be a showing from which it can be determined whether the testimony of the alleged additional defense witness was material, necessary, or admissible, or that defense counsel did not exercise proper judgment in failing to call him.' (People v. Hill, 70 A.C. 723, 734--735, 76 Cal.Rptr. 225, 230, 452 P.2d 329, 334.)
[2 Cal.App.3d 605]
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