What is the risk to be avoided if the evidence of a lesser but inflammatory crime is used to bolster a weak prosecution case on another crime?

California, United States of America


The following excerpt is from People v. Novela, F073275 (Cal. App. 2019):

danger to be avoided " 'that strong evidence of a lesser but inflammatory crime might be used to bolster a weak prosecution case' on another crime" (People v. Mason (1991) 52 Cal.3d 909, 934) is not present here. Any imbalance in the strength of the evidence does not indicate a risk of prejudicial spillover effect, particularly since the evidence related to the three assertedly stronger cases and the evidence related to the murder and attempted murder cases "were sufficiently distinct 'as to render the likelihood of prejudice minimal.' [Citation.]" (People v. Ybarra, supra, 245 Cal.App.4th at p. 1438.)24

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