Is there any case law where a defendant has erroneously overruled or denied evidence of criminal activity?

California, United States of America


The following excerpt is from People v. Ramos, A135813 (Cal. App. 2014):

when the reason for the underlying crime is gang related.]; People v. Gonzalez (2005) 126 Cal.App.4th 1539, 1550 [" '[B]ecause a motive is ordinarily the incentive for criminal behavior, its probative value generally exceeds its prejudicial effect, and wide latitude is permitted in admitting evidence of its existence.' "].) Anticipating that some of their testimony might include hearsay or speculation, the court advised defense counsel that the witnesses' testimony was subject to objection. Defendant has not, however, specifically identified any specific testimony for which an objection was lodged and erroneously overruled. Defendant's blanket argument that these witnesses "were given a free hand to testify to hearsay statements and to speculate as to other crimes" is not supported by the record.

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