In what circumstances would counsel have sought to limit the impact of a third party's allegation of making threats against a witness?

California, United States of America


The following excerpt is from People v. Douglas, A149878, A151644 (Cal. App. 2018):

We assume counsel's performance was deficient and such a limiting instruction would have been granted upon request. We again find no prejudice. Contrary to appellants' contention, the prosecutor did not argue the testimony for any purpose other than credibility, and it is not reasonably likely the jury considered it for any other purpose. (See People v. Chism (2014) 58 Cal.4th 1266, 1293 ["Neither the evidence nor the prosecutor suggested the accusation [made by a third party, accusing a witness of speaking to the police] was evidence of defendant's consciousness of guilt."].)

Page 9

4. Stipulation Regarding No Evidence of Appellants' Threats

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