Can a defendant rely upon two federal appellate cases to argue that admitting third party threats may violate their right to a fair trial?
California, United States of America
The following excerpt is from People v. McDaniels, B250574 (Cal. App. 2015):
Defendants rely upon two federal appellate cases from the same circuit, neither of which supports their contention that "admission of third party threats may violate a defendant's right to a fair trial where no evidence indicates that the threats cause the witness to fear for her safety." In addition, both cases are distinguishable and neither is binding upon this court. (People v. Crittenden (1994) 9 Cal.4th 83, 120, fn. 3.)
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