What is the current state of the law in the context of evidence in the trial of a death row defendant who was convicted of murder by reason of having a firearm in the charged crime?

California, United States of America


The following excerpt is from People v. Miller, C089590 (Cal. App. 2021):

firearm in the charged crime. (People v. Doolin (2009) 45 Cal.4th 390, 439 [evidence is unduly prejudicial where there is a " 'substantial likelihood the jury will use it for an illegitimate purpose' "].) Given the limited probative value the evidence offered, the trial court did not abuse its discretion when it determined the potential for undue prejudice substantially outweighed the prior conviction's probative value. For similar reasons, defendant's due process rights were not violated. (See People v. Kraft (2000) 23 Cal.4th 978, 1035 ["Application of the ordinary rules of evidence generally does not impermissibly infringe on a capital defendant's constitutional rights"].)

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