Is there any evidence of violence or threat of violence against defendant?

California, United States of America

The following excerpt is from People v. Seaton, 110 Cal.Rptr.2d 441, 26 Cal.4th 598, 28 P.3d 175 (Cal. 2001):

Here, the record fails to establish any "`"violence or a threat of violence or other nonconforming conduct"'" (People v. Hill, supra, 17 Cal.4th 800, 841, 72 Cal. Rptr.2d 656, 952 P.2d 673). The impetus for restraining defendant apparently originated with the sheriffs department. In the words of the trial court: "They [i.e., the sheriffs department] don't want him wholly unrestrained. They want something, even while we are in trial." The court added: "[T]he idea of a case like this, with no restraint at all and the door just a few feet away was a little too much for them, and it may be too much for me."

"The most advanced legal research software ever built."

Try it today free of charge!

The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.

Other Questions

Is evidence of domestic violence committed by the Defendant against the Defendant not inadmissible under section 1101 of the California Evidence Code? (California, United States of America)

Is there any case law in which a defendant is successful in his claim that the Defendant failed to properly evaluate the Defendant's evidence? (California, United States of America)

Does the Court have authority to exclude evidence where a defendant has been found to be contrary to the evidence code under section 352 of the California Evidence Code? (California, United States of America)

What is the standard for a jury to consider an allegation of domestic violence against a defendant who has not been charged with domestic violence under the California Evidence Code? (California, United States of America)

Is evidence of domestic violence admissible to prove a defendant had a propensity to commit domestic violence? (California, United States of America)

Is evidence of domestic violence against a defendant admissible under section 1109 of the Ontario Evidence Code? (California, United States of America)

Can a defendant who made a threat to set fire to a building after making the threat, setting fire to the victim's workplace after the threat was made? (California, United States of America)

What is the consequence of admitting evidence of a defendant's prior acts of domestic violence as propensity evidence? (California, United States of America)

Does the implied threat of violence in the context of possession of knives and firearms constitute an implied threat to violence? (California, United States of America)

Can evidence of domestic violence be used to prove a defendant has a propensity to commit domestic violence? (California, United States of America)

Is there any evidence of violence or threat of violence against defendant?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources