In a penalty retrial, in what circumstances will the court admit the evidence of a police patrol car?
California, United States of America
The following excerpt is from People v. Steskal, 11 Cal.5th 332, 277 Cal.Rptr.3d 604, 485 P.3d 1 (Cal. 2021):
We therefore conclude that in the penalty retrial, the patrol car evidence was "neither cumulative nor misleading and [was] highly probative of the penalty issues, demonstrating the deliberate and brutal nature of the crime." ( People v. Staten (2000) 24 Cal.4th 434, 463, 101 Cal.Rptr.2d 213, 11 P.3d 968.) The trial court's decision to admit the evidence was not an abuse of discretion or constitutional error.
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