Does the trial court abuse its power to consider a defendant's further due process argument in the context of evidence that joinder has been prejudiced?

California, United States of America


The following excerpt is from People v. Palmer, C063683, Super. Ct. No. 08F01427 (Cal. App. 2012):

Evidence Code section 352. (People v. Karis (1988) 46 Cal.3d 612, 638 ["prejudicial" term "applies to evidence which uniquely tends to evoke an emotional bias against the defendant as an individual and which has very little effect on the issues"].) Therefore, the trial court did not abuse its discretion pursuant to Evidence Code section 352.

As to the defendant's further due process argument, the defendant "has not established that joinder 'actually resulted in "gross unfairness" amounting to a denial of due process.' [Citations.]" (People v. Marshall (1997) 15 Cal.4th 1, 28.)

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