limiting jury instruction (California) · Go Syfert
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limiting jury instruction in California

6 California opinions name it 2 courts 1988–2017 0 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (8)

CaseFollowedCited
People v. Raygreen
cal · 1996 · cited in 1 California opinions naming this issue, 2016–2016
1 sentence

2016(People v. Lucas (1995) 12 Cal.4th 415, 436-437 (Lucas); see Ray, supra, at p. 349 .) Dunn's claim of ineffective counsel arises from his trial counsel's failure to request a limiting jury instruction.

11
People v. Lucasgreen
cal · 1995 · cited in 1 California opinions naming this issue, 2016–2016
1 sentence

2016(People v. Lucas (1995) 12 Cal.4th 415, 436-437 (Lucas); see Ray, supra, at p. 349 .) Dunn's claim of ineffective counsel arises from his trial counsel's failure to request a limiting jury instruction.

11
People v. Ramirezgreen
calctapp · 2006 · cited in 1 California opinions naming this issue, 2013–2013
1 sentence

2013Under the fresh complaint doctrine, “proof of an extrajudicial complaint, made by the victim of a sexual offense, disclosing the alleged assault, may be admissible for a limited, nonhearsay purpose—namely, to establish the fact of, and the circumstances surrounding, the victim‟s disclosure of the assault to others—whenever the fact that the disclosure was made and the circumstances under which it was made are relevant to the trier of fact‟s determination as to whether the offense occurred.” (People v. Brown (1994) 8 Cal.4th 746, 749-750 (Brown).) The evidence is admissible only “for the limite

11
People v. Browngreen
cal · 1994 · cited in 1 California opinions naming this issue, 2013–2013
1 sentence

2013Under the fresh complaint doctrine, “proof of an extrajudicial complaint, made by the victim of a sexual offense, disclosing the alleged assault, may be admissible for a limited, nonhearsay purpose—namely, to establish the fact of, and the circumstances surrounding, the victim‟s disclosure of the assault to others—whenever the fact that the disclosure was made and the circumstances under which it was made are relevant to the trier of fact‟s determination as to whether the offense occurred.” (People v. Brown (1994) 8 Cal.4th 746, 749-750 (Brown).) The evidence is admissible only “for the limite

11
People v. Mendozagreen
cal · 2007 · cited in 1 California opinions naming this issue, 2009–2009
2 sentences

2009According to defendant, “[vjictim impact evidence does not open the door to urging the jurors to subjectively analyze a case from the viewpoint of how they themselves would react if the defendant murdered their own loved one.” During the guilt phase of a capital trial, it is misconduct for a prosecutor to appeal to the passions of the jurors by urging them to imagine the suffering of the victim: “We have settled that an appeal to the jury to view the crime through the eyes of the victim is misconduct at the guilt phase of trial; an appeal for sympathy for the victim is out of place during an o

2009According to defendant, “[vjictim impact evidence does not open the door to urging the jurors to subjectively analyze a case from the viewpoint of how they themselves would react if the defendant murdered their own loved one.” During the guilt phase of a capital trial, it is misconduct for a prosecutor to appeal to the passions of the jurors by urging them to imagine the suffering of the victim: “We have settled that an appeal to the jury to view the crime through the eyes of the victim is misconduct at the guilt phase of trial; an appeal for sympathy for the victim is out of place during an o

11
People v. Stansburygreen
cal · 1993 · cited in 1 California opinions naming this issue, 2009–2009
2 sentences

2009According to defendant, “[vjictim impact evidence does not open the door to urging the jurors to subjectively analyze a case from the viewpoint of how they themselves would react if the defendant murdered their own loved one.” During the guilt phase of a capital trial, it is misconduct for a prosecutor to appeal to the passions of the jurors by urging them to imagine the suffering of the victim: “We have settled that an appeal to the jury to view the crime through the eyes of the victim is misconduct at the guilt phase of trial; an appeal for sympathy for the victim is out of place during an o

2009According to defendant, “[vjictim impact evidence does not open the door to urging the jurors to subjectively analyze a case from the viewpoint of how they themselves would react if the defendant murdered their own loved one.” During the guilt phase of a capital trial, it is misconduct for a prosecutor to appeal to the passions of the jurors by urging them to imagine the suffering of the victim: “We have settled that an appeal to the jury to view the crime through the eyes of the victim is misconduct at the guilt phase of trial; an appeal for sympathy for the victim is out of place during an o

11
People v. Haskettgreen
cal · 1982 · cited in 1 California opinions naming this issue, 2009–2009
2 sentences

2009According to defendant, “[vjictim impact evidence does not open the door to urging the jurors to subjectively analyze a case from the viewpoint of how they themselves would react if the defendant murdered their own loved one.” During the guilt phase of a capital trial, it is misconduct for a prosecutor to appeal to the passions of the jurors by urging them to imagine the suffering of the victim: “We have settled that an appeal to the jury to view the crime through the eyes of the victim is misconduct at the guilt phase of trial; an appeal for sympathy for the victim is out of place during an o

2009According to defendant, “[vjictim impact evidence does not open the door to urging the jurors to subjectively analyze a case from the viewpoint of how they themselves would react if the defendant murdered their own loved one.” During the guilt phase of a capital trial, it is misconduct for a prosecutor to appeal to the passions of the jurors by urging them to imagine the suffering of the victim: “We have settled that an appeal to the jury to view the crime through the eyes of the victim is misconduct at the guilt phase of trial; an appeal for sympathy for the victim is out of place during an o

11
People v. Leonardgreen
cal · 2007 · cited in 1 California opinions naming this issue, 2009–2009
2 sentences

2009According to defendant, “[vjictim impact evidence does not open the door to urging the jurors to subjectively analyze a case from the viewpoint of how they themselves would react if the defendant murdered their own loved one.” During the guilt phase of a capital trial, it is misconduct for a prosecutor to appeal to the passions of the jurors by urging them to imagine the suffering of the victim: “We have settled that an appeal to the jury to view the crime through the eyes of the victim is misconduct at the guilt phase of trial; an appeal for sympathy for the victim is out of place during an o

2009According to defendant, “[vjictim impact evidence does not open the door to urging the jurors to subjectively analyze a case from the viewpoint of how they themselves would react if the defendant murdered their own loved one.” During the guilt phase of a capital trial, it is misconduct for a prosecutor to appeal to the passions of the jurors by urging them to imagine the suffering of the victim: “We have settled that an appeal to the jury to view the crime through the eyes of the victim is misconduct at the guilt phase of trial; an appeal for sympathy for the victim is out of place during an o

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
People v. Montiel red
cal · 1993
2 sentences

2017The holding was premised on the conclusion that the expert’s testimony was not offered for its truth and therefore did not constitute hearsay. ( Montiel, supra, 5 Cal.4th 877, 919 ; see Sanchez, at p. 678.) In Sanchez, the court rejected the legal fiction that an expert’s testimony about case-specific facts is not offered for its truth.

2017The holding was premised on the conclusion that the expert’s testimony was not offered for its truth and therefore did not constitute hearsay. ( Montiel, supra, 5 Cal.4th 877, 919 ; see Sanchez, at p. 678.) In Sanchez, the court rejected the legal fiction that an expert’s testimony about case-specific facts is not offered for its truth.

12017–2017
People v. Bell red
cal · 2007
2 sentences

2015Moreover, the court issued the limiting jury instruction described in People v. Bell, supra, 40 Cal.4th 582 .

2015Moreover, the court issued the limiting jury instruction described in People v. Bell, supra, 40 Cal.4th 582 .

12015–2015
Oregon v. Hass green
scotus · 1975
2 sentences

1988In Oregon v. Hass (1975) 420 U.S. 714 [ 43 L.Ed.2d 570 , 95 S.Ct. 1215 ], the prosecution was permitted to admit items of evidence which impeached the defendant’s testimony.

1988In Oregon v. Hass (1975) 420 U.S. 714 [ 43 L.Ed.2d 570 , 95 S.Ct. 1215 ], the prosecution was permitted to admit items of evidence which impeached the defendant’s testimony.

11988–1988

Where else courts name it

PA 14 (2004–2023) LA 11 (1986–2023) OH 11 (2001–2025) IL 8 (1977–2026) WV 8 (2013–2022) TX 7 (1982–2020) CA 6 (1988–2017) TN 6 (1995–2019) WA 5 (2011–2019) AZ 5 (1983–2010) KS 5 (2004–2022) OR 5 (1986–2026) IA 4 (2013–2024) MI 4 (2014–2025) NC 4 (2000–2025) NJ 4 (1988–2019) NY 3 (1995–2018) NV 2 (2015–2016) WI 2 (2024–2025) UT 2 (2002–2011) IN 2 (1992–1996) MS 2 (2012–2017) MT 2 (2015–2015) GA 2 (2018–2018) NM 2 (2017–2018) ID 2 (1992–2000) MD 2 (1981–2012)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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