What is the legal test for a defense counsel to pursue an innocence defense rather than a voluntary intoxication defense?

California, United States of America


The following excerpt is from People v. Racines, F076361 (Cal. App. 2019):

Counsel decided to pursue an innocence defense rather than a voluntary intoxication defense. The decision not to present conflicting defenses is generally a wiser choice than pursuing a fallback defense. "The presentation of conflicting defenses is often tactically unwise because it tends to weaken counsel's credibility with the jury." (People v. Jones (1991) 53 Cal.3d 1115, 1138.)

Page 6

We conclude defense counsel made a reasonable tactical choice and therefore rendered effective assistance of counsel. (People v. Lewis, supra, 25 Cal.4th at pp. 674-675.)

Other Questions


Can a prosecutor impugently call the integrity of defense counsel by asserting defense counsel would lose their bar cards if they argued in favor of voluntary manslaughter? (California, United States of America)
Is a prosecutor's comment that defense counsel was seeking to "distract the jury from the evidence as an attack on counsel's integrity a fair response to defense counsel's remarks? (California, United States of America)
Can a jury consider evidence of voluntary intoxication in the context of a defense of incomplete self defense? (California, United States of America)
In what circumstances will the court require a defense counsel to object to a motion where the trial atmosphere was poisonous, and the defense counsel did not object at all? (California, United States of America)
Can defense counsel argue that defense counsel failed to object to the foregoing procedure or request that written instructions be provided to the jury? (California, United States of America)
Can a jury consider evidence of voluntary intoxication in the context of a defense of incomplete self defense? (California, United States of America)
When a prosecutor asks a defense counsel a question in voir dire about rape and sexual assault, is the defense counsel's failure to object to the questions? (California, United States of America)
Can a defense counsel oppose the withdrawal of the voluntary intoxication instruction? (California, United States of America)
Can a prosecutor commit misconduct if he or she attacks the integrity of defense counsel or casts aspersions on defense counsel? (California, United States of America)
Does trial counsel shirk his constitutional responsibility to provide competent counsel by failing to ask the court to instruct on a bogus self-defense defense? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.