In what circumstances will the trial court allow evidence in a sexual assault case to be considered admissible?

California, United States of America


The following excerpt is from People v. Gutierrez, 23 Cal.App.4th 1576, 28 Cal.Rptr.2d 897 (Cal. App. 1994):

In ruling on the defense objections of relevance and undue prejudice, the trial court ruled the evidence was admissible on the witnesses' state of mind to explain why the witnesses testified the way they did and in the manner they did. Under the foregoing authorities, we conclude the court's ruling did not constitute an abuse of discretion. 8 (People v. Avalos, supra, 37 Cal.3d at p. 232, 207 Cal.Rptr. 549, 689 P.2d 121.)

Other Questions


For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
In a sexual assault case, how have the courts dealt with claims that the trial court abused its discretion in excluding evidence of the victim's other sexual conduct? (California, United States of America)
Does the Court of Appeal have the power to overturn a conviction for sexual assault on the grounds that the trial court improperly instructed the jury to consider the issue of venue? (California, United States of America)
Does a trial court allow evidence of abuse to be admitted in a sexual assault case? (California, United States of America)
In a sexual assault case, what is the burden of proving that the court erred when it ruled in limine that evidence that he had committed sexual battery against two adult women by touching their buttocks against their will was admissible? (California, United States of America)
In what circumstances of the crime scene evidence will be admitted during the penalty phase of a penalty trial, does the trial court error not to exclude the evidence? (California, United States of America)
In a sexual assault case, in what circumstances would the jury have considered a defense counsel's closing argument that the prosecutor's rebuttal to the closing argument had the trial court sustained an objection? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
What is the test for admissibility of evidence of prior sexual assault in a sexual assault case? (California, United States of America)
In what circumstances will a jury at a sexual assault trial be allowed to retire to consider their verdict? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.