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
The following excerpt is from People v. PAINIA, B215733, No. YA073070 (Cal. App. 2010):
out the witness's possible locations. (People v. Sanders (1995) 11 Cal.4th 475, 524-525.) Due diligence has also not been found if the attorney waits until the day before the trial to locate a witness at the last known address and did not make efforts to keep track of the witness, despite knowing that the witness was a flight risk. (People v. Avila (2005) 131 Cal.App.4th 163, 169-170.)
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