Admitting/Excluding

Name: Alcala v. Woodford
Case #: 01-99005
Court: US Court of Appeals
District 9 Cir
Opinion Date: 06/27/2003
Subsequent History: None
  • Categories: Admitting/Excluding, Evidence, Expert Witness, Ineff. Assist. Counsel (IAC), Right to Counsel, Scientific Evidence

The district court’s conditional grant of Alcala’s habeas petitioned was affirmed where there were multiple constitutional errors in a capital case which had a substantial and injurious effect on the jury’s determination of guilt. First, Alcala’s counsel provided ineffective assistance…

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Name: People v. Valdez
Case #: C036614
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/25/2003
Subsequent History: Rev. granted 10/1/03: S117778
  • Categories: Admitting/Excluding, Crimes, Crimes Against the Person, Evidence, Expert Witness

Appellants were convicted of the murder of the victim and her fetus. The victim was 16 weeks pregnant with a fetus which died as a result of her death. At trial, appellant sought to introduce the testimony of the autopsy…

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Name: People v. Barrett
Case #: C040668
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/03/2003
Subsequent History: None
  • Categories: Admitting/Excluding, Evidence

In appellant’s trial for offenses arising from a fatal automobile accident, the court did not err when it admitted into evidence records and testimony concerning appellant’s prior participation in a drinking driver program. The trial court correctly determined that the…

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Name: People v. Maury
Case #: S012852
Court: CA Supreme Court
District CalSup
Opinion Date: 04/24/2003
  • Categories: Admitting/Excluding, Evidence, Search & Seizure, Searches w/o Warrant

In 1985, an anonymous caller to a Secret Witness program gave information regarding the location of Weeden’s body about a month after she had disappeared, which led to the discovery of her body. In 1986, defendant called the Secret Witness…

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Name: People v. Navarette
Case #: S022481
Court: CA Supreme Court
District CalSup
Opinion Date: 04/28/2003
  • Categories: Admitting/Excluding, Evidence

In a death penalty case, when asked if he could tell how many stabbing wounds were on the victim, a police officer replied he could not, but volunteered that in 22 years, he had never seen anyone stabbed this many…

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Name: Gill v. Ayers
Case #: 01-55808
Court: US Court of Appeals
District 9 Cir
Opinion Date: 03/06/2003
Subsequent History: None
  • Categories: Admitting/Excluding, Areas Constitutional Law, Due Process, Evidence

The California sentencing court prejudicially denied due process in refusing defendant the right to testify regarding the nature of his prior "strike" convictions. Specifically, defendant wished to refute statements that attributed personal use of a deadly weapon to him.

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Name: People v. Narvaez
Case #: D037469
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/31/2002
Subsequent History: 3/19/03 rev. den.
  • Categories: Admitting/Excluding, Evidence, Hearsay

In appellant’s trial for robbery, the court allowed the testimony of an accomplice who was the driver of the getaway car. The trial court instructed that he was an accomplice as a matter of law. Appellant contended on appeal that…

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Name: People v. Bojorquez
Case #: B153046
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 12/13/2002
Subsequent History: None
  • Categories: Admitting/Excluding, Evidence, Examination of Witness

Appellant was convicted of robbery and false imprisonment. On appeal, he challenged the admission of testimony as to his and a defense witness’s gang affiliation, as well as testimony by a detective who claimed to be a gang expert about…

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Name: People v. Wood
Case #: C038290
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/14/2002
Subsequent History: None
  • Categories: Admitting/Excluding, Evidence, Examination of Witness

In a trial for animal abuse, the trial court erred when it allowed an animal control officer to testify, over appellant’s Fourth and Fifth Amendment objections, that appellant had refused the officer’s request to enter his property without a warrant.…

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Name: People v. Kelley
Case #: A093862
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 10/18/2002
Subsequent History: 11/18/02: rehrg. denied; 1/22/03: revw. denied
  • Categories: Admitting/Excluding, Evidence, Examination of Witness, General Principles, Ineff. Assist. Counsel (IAC), Jury Instructions, Right to Counsel

During Kelley’s jury trial for first degree murder, statements by his girlfriend, were admitted, which tended to incriminate him. The statements were made late at night after several hours of interrogation by officers, who repeatedly accused the girlfriend of lying.…

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