Does the fact that evidence in defendant's defence is not cross-admissible in a motion to sever the case is sufficient to establish abuse of discretion by the court in refusing to sever?

California, United States of America


The following excerpt is from People v. Ramirez, A144547 (Cal. App. 2017):

Even assuming the evidence was not cross-admissible, defendant has not shown a substantial risk of undue prejudice based on the other factors. ( 954.1; People v. Ybarra, supra, 245 Cal.App.4th at p. 1435 [where charges are properly joined, fact that evidence underlying charges is not cross-admissible is insufficient, standing alone, to establish abuse of discretion by trial court in refusing to sever].) Defendant does not contend, nor do we conclude, any of the charges were unusually likely to inflame the jury, and neither case involved capital charges.

As to whether a weak case has been joined with another weak case (or a strong one) so that the "spillover effect" may alter the outcome as to some of the charges (People v. Vines (2011) 51 Cal.4th 830, 855), defendant asserts joinder permitted the jury

Page 8

Other Questions


In arguing that the trial court abused its power to deny a motion to sever an indecent exposure charge from a sexual assault charge, does defendant rely on Earle v Earle to argue that the motion was abused? (California, United States of America)
What is the test for abuse of discretion in the context of a motion to review the decision of a trial court denying a defendant's motion to exclude victim impact evidence and uncharged misconduct in the case of Romero? (California, United States of America)
Does the fact that a jury found that an employee of an airport subjected him to an adverse employment action is sufficient to establish that the trial court abused its discretion in denying him a motion for a new trial? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
When a criminal defendant challenges the sufficiency of the evidence, what is the standard of review required by the California Court of Appeal to determine whether the evidence is sufficient? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
Can a defendant obtain a new trial on the grounds that the trial court did not abuse its discretion to deny the motion on the same grounds as the previous motion? (California, United States of America)
Does the trial court abuse its discretion when it denied a defendant's motion to exclude the testimony of Page 35 of the Defendant's lawyer as more prejudicial than probative? (California, United States of America)
When will a court not abuse its discretion in admitting evidence under Evidence Code section 352 of the California Evidence Code? (California, United States of America)
What is the test for abuse of abuse of power in the context of a motion to overturn a finding that the trial court abused power on the Pitchess motion? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.