Is a witness who gave inadmissible opinion testimony on the central question of whether a defendant was guilty of a charge of gang enhancement a claim of erroneous admission of evidence?

California, United States of America


The following excerpt is from People v. Ewing, 197 Cal.Rptr.3d 813, 244 Cal.App.4th 359 (Cal. App. 2016):

Defendant's claim is, substantively, one of erroneous admission of evidence, subject to the standard of review for claims of state law error. (People v. Coffman and Marlow (2004) 34 Cal.4th 1, 76, 17 Cal.Rptr.3d 710, 96 P.3d 30 (Coffman ) [claim that witness "gave inadmissible opinion testimony on the central question of [a defendant's] guilt" "is, in substance, one of erroneous admission of evidence, subject to the standard of review for claims of state law error"].) On this record we cannot say that it is reasonably probable the jury would have found the gang enhancement not true had the error not occurred. We would reach the same conclusion even if we applied the heightened harmless beyond a reasonable doubt standard that defendant argues governs our review.

Other Questions


In a motion for a new trial on a charge of sexual assault brought by defendant Perez, who has pleaded not guilty to the charge, is the evidence insufficient to support his claim of insufficiency of evidence? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Can testimony of an ordinary witness who claims to have heard the confession or damaging admission of a criminal defendant be excluded from evidence? (California, United States of America)
Is evidence of mental disease, defect, or disorder admissible on the question of whether a defendant had the capacity to form the specific intent to commit the crime charged? (California, United States of America)
What is the effect of the Court of Appeal's recent finding that a defendant who has pleaded guilty to a charge of perverting the course of justice in a sexual assault case has been found guilty of a similar charge in a similar case? (California, United States of America)
Is a witness who gives evidence at a joint trial considered a witness against a defendant if the jury is instructed to consider that testimony only against a codefendant? (California, United States of America)
What is the test for a defendant to be found guilty of a charge of dissuading a witness from giving evidence at trial? (California, United States of America)
Does Defendant have a claim that the erroneous admission of gun possession evidence during the course of his sentence invalidate his sentence? (California, United States of America)
When will a jury consider the credibility of a defendant's extrajudicial statements against trial testimony and the physical evidence and testimony of witnesses? (California, United States of America)
Does a defendant have to plead guilty to a charge that was dismissed in exchange for a plea of guilty to another charge? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.