Does the use of a racial slur by a defendant during a traffic collision with another motorcyclist result in him being convicted of murder?

California, United States of America


The following excerpt is from People v. Middagh, No. A123236 (Cal. App. 4/28/2010), No. A123236. (Cal. App. 2010):

The evidence of the traffic altercation and defendant's racial slurs did not create a substantial danger of undue prejudice. To be sure, "nigger" is a highly charged word. But "[t]he unfortunate reality is that odious, racist language continues to be used by some persons at all levels of our society. While offensive, the use of such language by a defendant is regrettably not so unusual as to inevitably bias the jury against the defendant." (People v. Quartermain, supra, 16 Cal.4th at p. 628.) Here, the jury appears to have given little weight to the evidence. The jury convicted defendant of only second degree murder, not first degree murder, and acquitted him of the hate crime allegations. As defendant's counsel concedes on appeal, "it is evident the jury did not use the evidence for its ostensible purpose of proving racial animus and premeditation." We also see no likelihood that the jury used the evidence for an improper purpose and wrongly convicted defendant of murder because he once yelled racial epithets during a traffic altercation. The trial court did not abuse its discretion in admitting the evidence at trial.

Other Questions


Can a defendant charged with the murder or attempted murder of an intended target also be convicted of the murder of another person? (California, United States of America)
Can a defendant be found guilty of aiding and abetting a murder if the actual perpetrator of the same murder is convicted of murder? (California, United States of America)
In what circumstances will the Court reverse the conviction of defendant in the second-degree murder trial of a man convicted of the crime of murder for making false statements about the crime scene? (California, United States of America)
Can a defendant plead guilty to premeditated murder in order to prove that another defendant committed murder rather than manslaughter? (California, United States of America)
Can a defendant who aided and abetted a crime, the natural and probable consequence of which was murder, be convicted of the resulting murder? (California, United States of America)
Can a defendant charged with the murder or attempted murder of an intended target also be convicted of the murder of other, nontargeted persons? (California, United States of America)
Is sufficient evidence supporting defendant's conviction of murder based on the provocative act murder theory? (California, United States of America)
Can a defendant who kills another while driving under the influence rely upon the fact of self-induced intoxication to defend against the charge of murder? (California, United States of America)
What is the case law on sentencing a defendant to a more severe sentence than a defendant convicted of murder? (California, United States of America)
Can a jury convict a defendant of second degree murder under the second degree felony-murder rule? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.