What is the effect of admitting evidence of an incident in which a defendant admitted possessing methamphetamine manufacturing materials?

California, United States of America


The following excerpt is from People v. Herbst, H044623, H045106 (Cal. App. 2019):

For the reasons stated above, we agree with the trial court's assessment that the evidence of the May 10, 2016 incident was highly probative of defendant's intent regarding the charged offense. We also conclude that the May 10, 2016 incident, while serious, was not so inflammatory as to "create a substantial danger of undue prejudice." (Evid. Code, 352.) We observe that while there was evidence that defendant possessed methamphetamine manufacturing materials on May 10, 2016, the evidence of the charged offense included defendant's possession of a significant amount of methamphetamine, which rendered the charged offense serious as well. Moreover, the trial court twice gave the jury a limiting instruction regarding the uncharged offenses evidence, which we presume the jury followed. (People v. Case (2018) 5 Cal.5th 1, 32.)

Finally, defendant contends that the admission of the evidence violated his right to due process under the federal constitution. However, since we have not found that the admission of the uncharged offenses evidence was error under state law, we need not decide "the consequences of that error, including . . . whether the error was so serious as to violate due process." (People v. Partida (2005) 37 Cal.4th 428, 437.)7

B. Exclusion of Testimony Based on Witnesses' Invocation of the Privilege Against Self-incrimination

Other Questions


What is the test for admitting evidence that defendant possessed methamphetamine and heroin for sale when he was charged only with possession? (California, United States of America)
In what circumstances will a defendant be found guilty of manufacturing methamphetamine even if he did not know that methamphetamine was being manufactured? (California, United States of America)
What is the legal basis for a jury to convict a defendant of possessing materials used to manufacture methamphetamine? (California, United States of America)
Is it error to admit evidence that other weapons were found in the possession of a defendant's possession? (California, United States of America)
Is a defendant's right to due process violated when evidence of a witness's identification of that defendant is admitted? (California, United States of America)
What is the test for limiting instructions to the jury in a case where a co-defendant admitted in evidence against another defendant of the same alleged crime? (California, United States of America)
Can a defendant bring a motion to have a section 667.5 enhancement for possession of crystal methamphetamine reduced to a possession of the drug under Proposition 47? (California, United States of America)
Can a defendant bring a motion to have a section 667.5 enhancement for possession of crystal methamphetamine reduced to a possession of the drug under Proposition 47? (California, United States of America)
What is the effect of admitting evidence of sexual abuse committed by defendant in a sexual assault case? (California, United States of America)
Does admitting evidence pursuant to California Evidence Code section 1237 impermissibly deny defendants their constitutional rights to confrontation and cross-examination? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.