In what circumstances will the trial court allow a defendant to introduce the entire audio recording of an impeached declaration to the jury?

California, United States of America


The following excerpt is from People v. Membrano, B280891 (Cal. App. 2018):

Appellant's assertion that he would not have sought admission of the declaration "had he known he would be sandbagged with impeachment" directly contradicts defense counsel's admission in response to the trial court's inquiry that he would have introduced the entire audio recording himself if the prosecution had not done so. We further find that the trial court's thorough and contemporaneous limiting instruction avoided any potential for unfair prejudice, and we presume the jury understood and followed the court's instruction. (People v. Clark

Page 10

(2016) 63 Cal.4th 522, 573 [recognizing the "usual presumption that a jury will follow limiting instructions"]; People v. Boyette (2002) 29 Cal.4th 381, 453.) In short, we find no abuse of discretion in the trial court's admission of the limited evidence of appellant's prior felony convictions for impeachment in this case.

Other Questions


What are the findings of the trial court on a motion for a new trial where a jury was not adversely affected by an audio recording that was secretly recorded during jury deliberations? (California, United States of America)
In what circumstances will a defendant be able to argue that the trial court did not abuse its discretion in allowing testimony about two prior convictions subject to the conditions the court imposed? (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)
What is the record of why defendant's trial counsel failed to object to the sentencing on the ground that the trial court improperly used defendant's religious beliefs as a basis for his sentence? (California, United States of America)
Does the trial court's instructions to the jury that the jury must conclusively accept the previous jury's finding that defendant's guilt has already been decided? (California, United States of America)
How has the court treated the jury in a trial where the trial court advised the jury to continue deliberating on a motion? (California, United States of America)
Is a defendant's claim that the trial court's failure to provide him with the means and subpoena witnesses to defend at trial a violation of his Sixth Amendment right to represent himself at trial reversible? (California, United States of America)
In a penalty case, in what circumstances will the court allow the jury to instruct the jury on a defendant's failure to testify in the penalty phase? (California, United States of America)
Does a trial court's statement that it does not believe the jury is hopelessly deadlocked give the jury the impression the jury should convict defendant? (California, United States of America)
Does a jury's misconduct in a jury trial prejudice a defendant who refused to take the witness stand because the jury did not want to hear from him? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.