What is the test for excluding evidence that the first-trial jury acquitted defendant of three charges and was unable to reach a verdict on the remaining eight charges?

California, United States of America

The following excerpt is from People v. Roman, B284949 (Cal. App. 2018):

The sole issue on appeal is whether the court erred in excluding evidence that the first-trial jury acquitted defendant of three charges and was unable to reach a verdict on the remaining eight charges (one of which was later dismissed). As we explain below, the evidence was irrelevant, and a trial court lacks discretion to admit irrelevant evidence. (People v. Thornton (2007) 41 Cal.4th 391, 444.) Additionally, a defendant's right to present a defense does not encompass the right to present irrelevant evidence. (Id. at p. 445.)

"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

In a motion for a new trial on a charge of sexual assault brought by defendant Perez, who has pleaded not guilty to the charge, is the evidence insufficient to support his claim of insufficiency of 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)

When a defendant is charged with a charge of assault with intent to pervert the course of justice, is the evidence of domestic violence prior to the charged offence prejudicial? (California, United States of America)

Can a defendant argue that the instruction "In reaching your verdict" improperly implies that the jury is obligated to reach a verdict in the case? (California, United States of America)

If a defendant is convicted of a lesser charge of a greater charge of sexual assault, is the lesser charge necessarily included in the greater charge? (California, United States of America)

Can a defendant defend against criminal charges by presenting evidence of third party culpability? (California, United States of America)

Does a defendant have to answer on all three charges at a preliminary hearing on a charge of conspiracy to commit murder? (California, United States of America)

Can a defendant appeal against his conviction for assault on a charge of assault against a defendant who pleaded guilty to the same charge? (California, United States of America)

Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)

In a motion for summary adjudication on a motion to exclude evidence as to drainage, does plaintiff need to explain to the arbitrator why it was necessary to exclude the evidence? (California, United States of America)

What is the test for excluding evidence that the first-trial jury acquitted defendant of three charges and was unable to reach a verdict on the remaining eight charges?

"The most advanced legal research software ever built."

Other Questions

Trusted by top litigators from across North America.

Company

Product

Resources