Does counsel's failure to object waives the issue of called adverse witnesses?

California, United States of America

The following excerpt is from People v. Malone, 252 Cal.Rptr. 525, 47 Cal.3d 1, 762 P.2d 1249 (Cal. 1988):

Although counsel's failure to object waives the issue in the context of evidentiary error (see Evid.Code, 353), the issue is reviewable in the context of whether counsel provided ineffective assistance, discussed[762 P.2d 1265] post at pages 543-544 of 252 Cal.Rptr., at pages 1267-1268 of 762 P.2d. (See People v. Fosselman, supra, 33 Cal.3d 572, 581, 189 Cal.Rptr. 855, 659 P.2d 1144.)

2. Implied Existence of Uncalled Adverse Witnesses.

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