Is there an evidentiary stipulation that a defendant was not involved in the robbery?
California, United States of America
The following excerpt is from People v. Abston, C076982 (Cal. App. 2015):
3. During the in limine hearing, defense counsel argued, "The defense isn't that she wasn't robbed. The defense is that [defendant] wasn't involved in the robbery." Defense counsel's comments may have suggested a willingness to stipulate to the fact of the robbery, but do not amount to an evidentiary stipulation in and of themselves. (People v. Friend (2009) 47 Cal.4th 1, 84 [arguments of counsel are not evidence].)
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