Does the trial court abuse its discretion to exclude a defendant from the jury instruction on gross vehicular manslaughter while intoxicated?

California, United States of America


The following excerpt is from People v. Maravilla, F075178 (Cal. App. 2019):

We cannot state that the trial court abused its discretion. During closing arguments, it appeared to the trial court that defense counsel was going to discuss uncharged lesser related offenses, including gross vehicular manslaughter. Prior to closing arguments, the defense had requested a jury instruction on gross vehicular manslaughter while intoxicated. This crime, however, is a lesser related charge to murder. (People v. Hicks (2017) 4 Cal.5th 203, 209.) It is undisputed that a criminal defendant has no right to seek jury instruction regarding lesser related offenses. (People v. Kraft (2000) 23 Cal.4th 978, 1064-1065.) As such, the trial court properly excluded it from the jury's consideration. During the sidebar, the court cautioned defense counsel

Page 33

Other Questions


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)
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)
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)
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)
In a sexual assault case, how have the courts dealt with claims that the trial court abused its discretion in excluding evidence of the victim's other sexual conduct? (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 to exclude prejudicial evidence at trial? (California, United States of America)
Does the trial court abuse its discretion to exclude prejudicial evidence at trial? (California, United States of America)
Does a motion for a new trial need to be denied because the trial court did not abuse its discretion in denying the motion for new trial? (California, United States of America)
How will the courts review a trial court's decision to exclude evidence for abuse of abuse of power? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.