California, United States of America
The following excerpt is from People v. Ruiz, H040242 (Cal. App. 2016):
A trial court's ruling on the admissibility of evidence is reviewed for abuse of discretion. (People v. Hamilton (2009) 45 Cal.4th 863, 930.) " ' "Evidence is substantially more prejudicial than probative (see Evid.Code, 352) if, broadly stated, it poses an intolerable 'risk to the fairness of the proceedings or the reliability of the outcome' [citation]." . . . "The admission of relevant evidence will not offend due process unless the evidence is so prejudicial as to render the defendant's trial fundamentally unfair." ' [Citation.]" (Ibid.) " 'Relevant evidence' means evidence . . . having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action." (Evid.Code, 210.)
Generally, "[w]hen the prosecution relies on evidence regarding a specific type of weapon, it is error to admit evidence that other weapons were found in the defendant's possession, for such evidence tends to show not that he committed the crime, but only that he is the sort of person who carries deadly weapons. [Citations.]" (People v. Barnwell (2007) 41 Cal.4th 1038, 1056 (Barnwell) [trial court erred in admitting evidence of defendant's prior possession of handgun similar to murder weapon where prosecutor did not claim such weapon was actually used in murders]; see also People v. Riser (1956) 47 Cal.2d 566, 577 (Riser) [trial court erred in admitting evidence of a Colt
Page 21
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.