Can a defendant claiming self-defense to an assaultive crime present evidence of a victim's violent nature to show the victim was the aggressor?
California, United States of America
The following excerpt is from People v. Martinez, G049207 (Cal. App. 2014):
Under Evidence Code section 1103, a defendant claiming self-defense to an assaultive crime may, at the court's discretion, present evidence of a victim's violent nature to show the victim was the aggressor. (People v. Shoemaker (1982) 135 Cal.App.3d 442, 446-448.) Defendant argues the court abused its discretion in disallowing such evidence regarding Cesar and Contreras. We disagree.
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