In what circumstances will the court exclude evidence concerning morphine in the victim's system at the time of death?

California, United States of America


The following excerpt is from People v. Wright, 217 Cal.Rptr. 212, 39 Cal.3d 576, 703 P.2d 1106 (Cal. 1985):

In connection with its section 352 ruling that the prejudicial effect of the evidence of the victim's condition during the 1979 arrest outweighed its probative value, the court also ruled that evidence concerning the presence of morphine in the victim's system at the time of death would be excluded. 1 Although the court clearly weighed the proper factors with respect to the former evidence, there is no indication in the record that it similarly considered these factors with respect to the latter. In fact, the record fails to reveal on what basis the court excluded the evidence now at issue. The failure of the court to discharge its statutory duty to weigh for the record the probative value of this evidence against its potential prejudice was error. (People v. Green, supra, 27 Cal.3d at p. 24, 164 Cal.Rptr. 1, 609 P.2d 468.)

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