Does a trial court properly admit evidence that a defendant owned guns not used in the murder case because it was relevant to premeditation?

California, United States of America


The following excerpt is from People v. Wesley, D074918 (Cal. App. 2020):

Cal.4th 581, 613 [trial court properly admitted evidence that defendant owned guns not used in the murder because "[t]his evidence did not merely show that defendant was the sort of person who carries deadly weapons, but it was relevant to his state of mind when he shot [the victim]"]; People v. Jablonski (2006) 37 Cal.4th 774, 822 [trial court properly admitted evidence that defendant brought to the crime scene a stun gun and handcuffs not used in the murder because the items were relevant to premeditation].)

Other Questions


How does the Court of Appeal review a trial court's ruling to admit evidence over defendant's objection based on evidence section 352? (California, United States of America)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
Does Defendant have a reciprocal obligation to disclose all relevant evidence obtained before trial, including rebuttal evidence it intends to use at trial? (California, United States of America)
Does a trial court have to instruct the jury to agree unanimously whether defendant committed premeditated murder or first degree felony murder? (California, United States of America)
What is the current state of the law on the right of a trial court to exclude or admit relevant evidence under section 352 of the Evidence Code? (California, United States of America)
What is the test for admitting to the Court of Appeal that a defendant admitted that he was a witness to the murder trial? (California, United States of America)
Does a trial court have to instruct the jury to agree unanimously whether defendant committed premeditated murder or first degree felony murder? (California, United States of America)
In what circumstances of the crime scene evidence will be admitted during the penalty phase of a penalty trial, does the trial court error not to exclude the evidence? (California, United States of America)
What is the current state of the law on the authority of a trial court to exclude or admit relevant evidence under section 352 of the Evidence Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.