California, United States of America
The following excerpt is from People v. Gutierrez, D064791 (Cal. App. 2015):
10. At oral argument, counsel suggested that, at trial, the court could have limited the extent of the evidence of domestic violence in order to avoid any " 'spillover' effect" that such evidence had on the outcome of the gang-related murder charges. (See Valdez, supra, 32 Cal.4th at p. 120.) We decline to consider this contention, because: (1) counsel raised it for the first time at oral argument (People v. Crow (1993) 6 Cal.4th 952, 960, fn. 7); and (2) counsel was unsure whether trial counsel had made such a request in the trial court, and we are aware of none. In any event, we question defendant's description of the strength or extent of the evidence of domestic violence, given that the jury could not reach a verdict on the domestic violence attempted murder charge.
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