California, United States of America
The following excerpt is from People v. Lepe, A151672 (Cal. App. 2019):
Appellant ignores or misconstrues relevant parts of the trial record, which show that the acts or conduct of Stenger immediately prior to the shooting were in dispute. During the hearing on in-limine motions, defense counsel expressly confirmed that the defense theory at trial was going to be self-defense or imperfect self-defense. Case law makes clear that a self-defense claim to a murder charge can open the door for the prosecution to introduce evidence demonstrating that the victim's state of mind was not consistent with conduct attributed to him or her by the defendant. (People v. Spencer (1969) 71 Cal.2d 933, 945 [self-defense claim to manslaughter charge opened door for prosecution to introduce evidence that defendant was the aggressor, including a statement the victim made to a friend expressing her fear that the defendant would become violent and kill her once she broke up with the defendant]; People v. Escobar (2000) 82 Cal.App.4th 1085 [trial court did not abuse its "broad discretion" by allowing rebuttal witness to testify that a few weeks before the shooting, the victim told her that she wanted to divorce defendant, but she was afraid of him because he had told her that if she left him he was going to kill her].)
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