What is the test for limiting instruction in a criminal case where a defendant is accused of committing a crime by singing a song in front of a jury?

California, United States of America


The following excerpt is from People v. Singh, 13 Cal.App.5th 1187, 221 Cal.Rptr.3d 308 (Cal. App. 2017):

Defendant claims the lyrics did not rise to the level of a confession and should not be treated as such. The trial court did not treat the lyrics as a confession. It admitted them as circumstantial evidence. A limiting instruction would have ensured the jury did not view the evidence for more than what it was, but defendant did not request one and the trial court was not required to provide one sua sponte. ( People v. Hernandez (2004) 33 Cal.4th 1040, 1051, 16 Cal.Rptr.3d 880, 94 P.3d 1080.) It did not abuse its discretion in finding the evidence relevant.

2. Undue prejudice

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