Admitting/Excluding

Name: People v. Washington
Case #: B270506
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 09/05/2017
  • Categories: Accomplice Testimony, Admitting/Excluding, Evidence

Admission in joint murder trial of codefendants' unredacted jail conversation implicating all defendants in the crime was proper because Crawford v. Washington (2004) 541 U.S. 36 confined the reach of the Aranda/Bruton doctrine to testimonial statements. Defendant and two other…

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Name: People v. Singh
Case #: C075295
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/02/2017
  • Categories: Admitting/Excluding, Evidence

Rap lyrics were relevant and properly admitted to show the killer's identity and the defendant's intent to kill. Singh, who had a history of conflict with Montoya, shot Montoya in the face, stomach and groin, killing him. In the trial…

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Name: In re Trever P.
Case #: F073691
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 08/14/2017
  • Categories: Admitting/Excluding, Evidence

A mother's audio recording of appellant sexually abusing her 4-year-old son, which was made without the appellant's or the son's knowledge, was admissible at trial under Penal Code section 633.5. A juvenile delinquency petition charged Trever P., 12 years old…

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Name: People v. Brown
Case #: C078620
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/10/2017
  • Categories: Admitting/Excluding, Areas Constitutional Law, Due Process, Evidence, Hearsay

Proposition 35, the Californians Against Sexual Exploitation Act, does not prohibit treating uncharged trafficking victim as an uncharged coconspirator under coconspirator exception to the hearsay rule. Defendant was accused of pimping minors, including B. and D. During trial, the jury…

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Name: People v. Fortin
Case #: B271184
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 06/06/2017
  • Categories: Admitting/Excluding, Evidence, Scientific Evidence

Trial court did not abuse its discretion in excluding results of the "Abel Assessment for Sexual Interest" (Abel test) in molestation case where test has not yet gained acceptance in the scientific community. Defendant was charged with molesting two young…

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Name: People v. Campbell
Case #: B267280
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 06/08/2017
  • Categories: Actus Reus, Admitting/Excluding, All Other Crimes, Crimes, Evidence, Interrogations & Confessions, Miranda v. Arizona

Defendant's post-Mirandized silence was properly admitted during trial to rebut defendant's claim that he fully cooperated with police. Campbell drove his car into multiple people on the Venice Beach Boardwalk. At his trial for murder and related offenses, Campbell said…

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Name: People v. Edwards
Case #: H042144
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 05/16/2017
  • Categories: Admitting/Excluding, Evidence, Prior Convictions/Impeach

Trial court did not err when it allowed the prosecutor to rebut an expert's diagnosis during the sanity phase of a murder trial by using defendant's suppressed statements. A jury found Edwards guilty of first degree murder. During the sanity…

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Name: People v. Turner
Case #: A147603
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 07/10/2017
  • Categories: Admitting/Excluding, Evidence, Prior Convictions/Impeach

The trial court properly admitted evidence of defendant's prior possession of ammunition to impeach his specific testimony suggesting the police planted the contraband in his bag. Turner was arrested after refusing to leave a restaurant. During an inventory search, officers…

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Name: People v. Tovar
Case #: A145498
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 04/10/2017
  • Categories: Admitting/Excluding, Evidence, Insufficiency/Sufficiency of

Prosecution was not required to prove connection between gang subset (FMT) and the larger Norteño gang where there was sufficient evidence that defendant conspired to commit murder to benefit his subset, FMT, not just Norteños generally. A jury convicted Tovar…

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Name: People v. Smith
Case #: A146648
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 03/30/2017
  • Categories: Admitting/Excluding, Evidence

Girlfriend's extradjudicial admission she was driving car involved in alcohol-related injury accident is inadmissible as a declaration against penal interests because it was obviously unreliable. Smith was convicted of driving under the influence of alcohol causing injury (Veh. Code, §…

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