Can a jury consider the evidence that supports the murder charge in determining whether a defendant committed domestic violence?

California, United States of America


The following excerpt is from People v. Coleman, B270939 (Cal. App. 2018):

We acknowledge that some of the prosecutor's statements may have suggested to the jury that it could consider the evidence relevant to the murder charge in determining whether defendant committed the domestic violence charges. (See Grant, supra, 113 Cal.App.4th at pp. 590-591.) On balance, however, in light of the strength of both sets of charges and the court's instructions, those statements did not result in "gross unfairness" violating defendant's due process rights. (See People v. Yeoman (2003) 31 Cal.4th 93, 139 [jurors are presumed to understand and follow the court's instructions].)

3. Remand for a new sentencing hearing is necessary in light of SB 620.

Other Questions


What factors will the court consider in deciding whether to join the murder charge with the domestic violence charge as a separate set of charges under section 954 of the California Criminal 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)
Does a defendant have to admit evidence of domestic violence to prove he has a propensity to commit domestic violence? (California, United States of America)
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)
Can evidence of domestic violence be used to prove a defendant has a propensity to commit domestic violence? (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)
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)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (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)
Does Defendant have any evidence to support her claim that the court failed to review the supporting documents to determine whether attorney fees requested were reasonable in need and amount? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.