When will an attorney not give an opening statement?
California, United States of America
The following excerpt is from People v. Aldrete, E058885 (Cal. App. 2015):
The decision of whether to give an opening statement is a matter "of trial tactics and strategy which a reviewing court generally may not second-guess. [Citation.]" (People v. Mitcham (1992) 1 Cal.4th 1027, 1059.) When faced with uncertainty about what the prosecution's evidence will ultimately show, a reasonably competent attorney may choose "to wait to hear the prosecution's case before deciding whether to present a defense." (Ibid.)
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