California, United States of America
The following excerpt is from People v. Lopez, A129664 (Cal. App. 2018):
At a pretrial hearing on February 8, 2010, the trial court outlined its anticipated rulings on certain motions in limine filed by the prosecution regarding the testimony of the defense's experts. The trial court explained it would not allow the experts to reference hearsay statements made to them by Lopez and would be inclined to limit other aspects of the experts' testimony. The trial court stated it was giving guidance on these anticipated rulings for two reasons: (1) because counsel cannot refer to evidence in opening statement unless it is "going to be in good faith presumed to be admitted," and (2) so that defense counsel would not refer to evidence in his opening statement that would ultimately not be admitted and thereby damage his credibility with the jury. (See Hawk v. Superior Court (1974) 42 Cal.App.3d 108, 121 ["It is unprofessional conduct to allude to any evidence [during opening statement] unless there is a good faith and reasonable basis for believing such evidence will be tendered and admitted in evidence"].)
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