Admitting/Excluding

Name: People v. Box
Case #: S019798
Court: CA Supreme Court
District CalSup
Opinion Date: 08/17/2000
Subsequent History: Rehearing denied 10/3/00
  • Categories: Admitting/Excluding, Appeals, Areas Constitutional Law, By CALJIC Number, By Prosecutor, Challenges for Cause, Defenses, Due Process, Evidence, Examination of Witness, Expert Witness, General Principles, Interrogations & Confessions, Jury Instructions, Jury Peremp/Wheeler, Justification for act: homicide or assault, Miranda v. Arizona, Misconduct, Pleadings, Presentation of Evidence, Pretrial Motions, Rules of Court, Scope of Review, Severance/Consolidation, Trial Proceedings, Voir Dire

In this death penalty appeal, the trial court correctly rejected appellant's claims of violations of his constitutional rights to due process, an impartial jury and a reliable death verdict, which were premised on the trial court's denial of appellant's request…

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Name: U.S. v. Cabrera
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/24/2000
Subsequent History: None
  • Categories: Admitting/Excluding, Areas Constitutional Law, Due Process, Equal Protection, Evidence

The Court of Appeals reversed the convictions of both appellants for conspiracy to distribute, possession with intent to distribute, and distribution of crack cocaine where, at their joint trial, the lead detective injected extraneous, prejudicial material, including impermissible references to…

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Name: People v. Kraft
Case #: S013187
Court: CA Supreme Court
District CalSup
Opinion Date: 08/10/2000
Subsequent History: Rehearing denied 10/18/00
  • Categories: Admitting/Excluding, Appeals, Areas Constitutional Law, By CALJIC Number, Crimes, Crimes Against the Person, Detention, Due Process, Evidence, General Principles, Hearsay, Ineff. Assist. Counsel (IAC), Jury Instructions, Misc, Pretrial Motions, Right to Counsel, Scope of Remand, Search & Seizure, Searches w/o Warrant, Severance/Consolidation

In a capital prosecution, the trial court did not err when it denied appellant's motion to sever 16 homicide counts and try them separately in 16 trials. Most of the evidence on the various charges was cross-admissible. The fact that…

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Name: People v. Lee
Case #: B140904
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 01/28/2002
Subsequent History: As modified on 2/20/02.
  • Categories: Admitting/Excluding, Evidence, Ineff. Assist. Counsel (IAC), Marsden, Right to Counsel, Scientific Evidence

Appellant did not receive ineffective assistance of counsel because his attorney failed to file a timely peremptory challenge to the trial judge. Although counsel filed the 170.6 challenge, he filed it late because he claimed confusion about whether the transfer…

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Name: People v. Espinoza
Case #: H021384
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 02/05/2002
Subsequent History: Rev. denied 5/15/02.
  • Categories: Admitting/Excluding, Evidence, Examination of Witness

The trial court erred in excluding the testimony of the complaining minor’s foster mother regarding the minor’s credibility as prohibited by Welfare and Institutions Code section 827, which concerns only limited access to juvenile case files, and not personal observations…

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Name: People v. Coddington
Case #: S008840
Court: CA Supreme Court
District CalSup
Opinion Date: 07/03/2000
Subsequent History: Modification of opinion at 24 Cal.4th 316a; rehearing denied 9/27/00; cert. denied 2/26/01
  • Categories: Admitting/Excluding, Appeals, By CALJIC Number, By Judge, By Prosecutor, Defenses, Discovery, Evidence, Examination of Witness, Expert Witness, General Principles, Ineff. Assist. Counsel (IAC), Jurisdiction & Venue, Jury Instructions, Mental, Misconduct, Pretrial Motions, Right to Counsel, Scope of Review, Search & Seizure, Searches w/o Warrant, Subject Matter Jurisdiction, Venue

There was no error in the jury instructions given regarding sanity which would have precluded consideration of evidence of irresistible impulse to the extent that appellant did not know his acts were wrong. Furthermore, appellant did not request a clarifying…

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Name: People v. Jennings
Case #: A084322
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 06/30/2000
Subsequent History: Review denied 10/18/00
  • Categories: Admitting/Excluding, Evidence, General Principles, Jury Instructions, Similars/Character/Conduct

The trial court had no sua sponte duty to give the jury a limiting instruction on the purposes for which they could consider the prior acts of domestic violence under section 1109, where neither the defense nor the prosecution requested…

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Name: People v. Catlin
Case #: S016718
Court: CA Supreme Court
District CalSup
Opinion Date: 07/16/2001
Subsequent History: Modif. on 9/26/01; rehg. den. on 9/26/01
  • Categories: Admitting/Excluding, Appeals, Chain of Custody, Crimes, Crimes Against the Person, Cruel and Unusual Punishment, Discovery, Evidence, General Principles, Ineff. Assist. Counsel (IAC), Jury Instructions, Jury Peremp/Wheeler, Motion Attacking, Pleadings, Pretrial Motions, Privileges, Public Trial, Review Principles, Right to Counsel, Right to Jury Trial, Scope of Review, Sentencing, Severance/Consolidation, Similars/Character/Conduct, Speedy Trial, Trial Proceedings

Appellant was not denied due process of law because there was a nine-year delay between the murder of his fourth wife and the prosecution. The delay was justified because there was insufficient evidence that appellant had poisoned his wife with…

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Name: People v. Branch
Case #: A089941
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 08/02/2001
Subsequent History: None
  • Categories: Admitting/Excluding, Evidence, Similars/Character/Conduct

In a prosecution for child molestation of appellant's step-granddaughter, it was not error for the trial court to have admitted testimony of appellant's stepdaughter who claimed that appellant had molested her when she was a child more than 30 years…

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Name: People v. Gibson
Case #: B141781
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 05/29/2001
Subsequent History: None
  • Categories: Admitting/Excluding, All Other Crimes, Areas Constitutional Law, Crimes, Cruel and Unusual Punishment, Due Process, Evidence, General Principles, Jury Instructions, Search & Seizure, Sentencing, Warrants

The trial court properly admitted two manuscripts seized from the residence which described operation of a prostitution enterprise. The manuscripts were properly authenticated, and their potential for prejudice did not outweigh their probative value. In a prosecution for pimping, in…

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