Does a jury have a duty to consider unprotested evidence in a sexual assault case?
California, United States of America
The following excerpt is from People v. Schuler, H033090 (Cal. App. 2013):
exception in 'an occasional extraordinary case in which unprotested evidence . . . is a dominant part of the evidence against the accused, and is both highly prejudicial and minimally relevant to any legitimate purpose. [Citation.]" (People v. Hernandez (2004) 33 Cal.4th 1040, 1051-1052.) We independently determine whether the trial court had a duty to give a particular jury instruction. (People v. Guiuan (1998) 18 Cal.4th 558, 569.)
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