Does the Attorney General have the authority to bar Defendant from making a motion in limine against the introduction of gang evidence?

California, United States of America


The following excerpt is from People v. Cortes, H040743 (Cal. App. 2017):

The Attorney General asserts that defendant is barred from raising this claim on appeal because he did not object based on the law of the case doctrine below. (See People v. Neely (1999) 70 Cal.App.4th 767, 781.) Defendant asserts that he "placed the issue squarely before the trial court" by raising due process arguments against the introduction of gang evidence at the second trial. We disagree that defendant's motion in limine raised law of the case as a ground for excluding the gang evidence. In any event, defendant's claim fails on the merits.

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