What is the difference between an unproven allegation of assault and an allegation of drug dealing in a robbery case?

California, United States of America


The following excerpt is from People v. Cloyd, 54 Cal.App.4th 1402, 64 Cal.Rptr.2d 104 (Cal. App. 1997):

But, realistically, it was not these two cases--no more than unproven accusations--the defense was interested in. If, as appellant and Ruby Bishop later testified, "Moms" (the victim) was a notorious drug seller and user with whom they had both had contact before August 13, 1995, then defense counsel could--pursuant to People v. Wheeler--have asked her if she had committed such misconduct and whether, on August 13, 1995, rather than being robbed by appellant, she had sold him rock cocaine. Defense counsel asked no such questions. Instead, as is usual in robbery cases, defense counsel skillfully questioned the victim's identification of appellant.

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