Is there any case law where gang evidence has been admitted in a murder case to prove motive and intent?
California, United States of America
The following excerpt is from People v. Hays, B227157 (Cal. App. 2013):
Hays does not dispute gang evidence may be admitted in a murder case to prove motive and intent. (People v. Hernandez (2004) 33 Cal.4th 1040, 1049.) He argues, however, the gang evidence in this casespecifically Officer Tripp's testimony quoted belowwas improper because it was based on an assumption Hays was guilty of the charged offenses.
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