Admitting/Excluding

Name: People v. Taylor
Case #: A095412
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 11/27/2002
Subsequent History: Rev. granted 2/19/03: S112443
  • Categories: Admitting/Excluding, Crimes, Crimes Against the Person, Evidence

Appellant killed an ex-girlfriend, resulting also in the death of the 11 to 13 week old fetus she was carrying. Appellant did not know she was pregnant, nor was her pregnancy apparent. He was charged with two counts of first…

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Name: People v. Killebrew
Case #: F036957
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 11/08/2002
Subsequent History: Rev. den. 1/15/03
  • Categories: Admitting/Excluding, Evidence, Expert Witness

The Court of Appeal found that the trial court erred in permitting the prosecution’s gang expert, a police officer, to testify to his opinion of the defendant’s knowledge and intent at the time of the charged offense of conspiracy to…

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Name: People v. Williams
Case #: B152020
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 10/08/2002
Subsequent History: Opinion mod. & Rehg. denied 11/1/02. Rev. denied 1/15/03.
  • Categories: Admitting/Excluding, Areas Constitutional Law, Confront/Cross-exam, Evidence, Examination of Witness, Hearsay

At appellant’s trial for numerous domestic violence related offenses, videotaped testimony of the complaining witness was admitted pursuant to Evidence Code section 1370. The victim, who suffered from documented physical and mental disabilities, was also available as a witness, but…

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Name: People v. Feaster
Case #: B153449
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 10/10/2002
Subsequent History: Rev. denied 1/15/03.
  • Categories: Admitting/Excluding, Evidence, Prior Convictions/Impeach

During appellant’s trial for assault with a firearm, appellant was not permitted to impeach a prosecution witness with his prior felony conviction of Penal Code section 246.3, negligent discharge of a firearm. The trial court concluded that it was not…

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Name: U.S. v. Edwards
Case #: 99-30143
Court: US Court of Appeals
District 9 Cir
Opinion Date: 12/27/2000
Subsequent History: Substituted opn. filed on 12/27/00
  • Categories: Admitting/Excluding, Evidence

Where the police failed to conduct a thorough initial search of the bag in which the cocaine had been found, failed to inventory numerous papers that belonged to appellant that were seized from the car he was driving, and removed…

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Name: People v. Thornton
Case #: G023913
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 11/29/2000
Subsequent History: Rehg. den. 12/29/00; rev. den. 3/14/01
  • Categories: Admitting/Excluding, Evidence, Hearsay, Interrogations & Confessions, Miranda v. Arizona

Thornton gave police officers permission to search his car following a traffic stop. He volunteered the statement "I have only tried heroin. I am not really using it." Police officers subsequently issued standard warnings pursuant to Miranda v. Arizona (1966)…

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Name: Drayden v. White
Court: US Court of Appeals
District 9 Cir
Opinion Date: 11/14/2000
Subsequent History: None
  • Categories: Admitting/Excluding, Evidence

Petitioner's courtroom outburst, during which he referred to a prosecution witness, his mother, as an "evil fucking bitch," and the subsequent instruction by the court that the jury could consider it, was not egregious or prejudicial enough to cause a…

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Name: Drayden v. White
Court: US Court of Appeals
District 9 Cir
Opinion Date: 11/14/2000
Subsequent History: None
  • Categories: Admitting/Excluding, Evidence, Expert Witness

Petitioner suffered no prejudice from the exclusion of two statements by a defense expert who concluded that petitioner did not have a history of violence. The statements were unreliable and simply wrong. Therefore, there was no due process violation caused…

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Name: People v. Chavez
Case #: C032716
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/05/2000
Subsequent History: Petition for review den. 1/24/01
  • Categories: Admitting/Excluding, Evidence, Prior Convictions/Impeach

There was no abuse of discretion where, in a prosecution for robbery, the court admitted appellant's prior misdemeanor conviction for sexual battery. Sexual battery is a crime of moral turpitude. The prior conduct was recent. Appellant's prior and present offenses…

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Name: People v. Grayson
Case #: C030812
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/29/2000
Subsequent History: Review denied 12/13/00
  • Categories: Abuse of Discretion, Admitting/Excluding, All Other Crimes, Consecutive Offenses, Crimes, Crimes Against the Person, Double Punishment (PC 654), Evidence, General Principles, Ineff. Assist. Counsel (IAC), Jury Instructions, Lesser-Included Offenses, Marsden, Mitigating Factors, Right to Counsel, Sentencing

While the trial court may have erred in failing to exclude, under Evidence Code section 352, a letter found among the effects of one of the defendants, neither defendant suffered any prejudice from its admission. The inference that one of…

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