When a defendant fails to provide a limiting instruction in a sexual assault case, does this result in prejudice?
California, United States of America
The following excerpt is from People v. Thomas, E064888 (Cal. App. 2017):
Uncharged Sex Offense].) However, he does not argue that this was, in itself, reversible error. It was not; such a limiting instruction is required only on request (Evid. Code, 355; People v. Cottone (2013) 57 Cal.4th 269, 293), and defense counsel did not request one. Defendant merely argues that the prejudice from the asserted evidentiary error was compounded by the lack of a limiting instruction. Because we find no such error, we need not consider prejudice.
"The most advanced legal research software ever built."
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.
Other Questions
In a sexual assault case, is a defendant more culpable in committing two acts of sodomy than if they committed only one act of sexual assault? (California, United States of America)
How have the courts interpreted the instructions in the context of manslaughter instructions in cases where the instruction was limited or limited? (California, United States of America)
Is there any prejudice or prejudice against defendant in a sexual assault case? (California, United States of America)
When a photograph of a defendant in a sexual assault case was found to have been taken in the context of an alleged sexual assault, is there any connection to the subsequent verdict of attempted sodomy? (California, United States of America)
In a sexual assault case, can defendant appeal against his convictions for sexual assault against two different victims? (California, United States of America)
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
In a sexual assault case, is it possible for a defendant to sexually assault two women by touching their genitals? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
What is the test for failing to provide sufficient evidence to convict a defendant in a sexual assault case? (California, United States of America)
What is the test for failing to provide a reasonable probability that defendant would have obtained a more favourable result if counsel had failed to provide counsel with reasonable counsel? (California, United States of America)
