What is the effect of erroneous admission of evidence in a criminal case?

California, United States of America


The following excerpt is from People v. Villagrana, B220061, Los Angeles County Super. Ct. No. NA071730 (Cal. App. 2011):

Further, the erroneous admission of such evidence is reviewable on appeal only if a timely and specific objection was made, alerting the trial court to the nature of the anticipated evidence. (People v. Doolin (2009) 45 Cal.4th 390, 438; Evid. Code, 353.) Defendant contends that he first objected to the challenged evidence in a conference held prior to opening statements.4 When the discussion apparently moved into the area of the admissibility of evidence, it was the prosecutor, not defense counsel, who brought up defendant's recent stab wounds, indicating that he might bring the subject up in his casein-chief, along with a photograph showing that the wounds appeared to be fresh when he was arrested 18 days after the incident.

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