In re Kristin H

In In re Kristin H. (1996) 46 Cal. App. 4th 1635, trial counsel failed to call to the stand, in a jurisdictional hearing, a psychiatrist who had prepared a report rebutting the notion that the mother was mentally ill. (See id. at p. 1672.) The court noted that the record contained no "practical or tactical reason" to explain what appeared to be the attorney's failure to act in a reasonably competent manner, and said that the mother made a "prima facie showing" that the failure was prejudicial. ( Id. at pp. 1671-1672.) But instead of granting direct relief, the appellate court returned the matter to the trial court to determine whether an evidentiary hearing was needed and, if so, to identify the issues to be decided. The trial court was then to "make findings and grant or deny appropriate relief." ( Id. at p. 1673.)