CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Relevance
......Limited Admissibility
.........Necessity of Request for Instruction
4 Cards On This Topic:
  • D forfeited claim that the purpose of his incriminating statement to W should have been limited to W’s state of mind where he and counsel chose not to accept an instruction offered by the court or to request any other limiting instruction.
  • Trial court had no duty to give CALJIC 2.10 limiting instruction where psychiatrist testified for the ••defense•• at the ••penalty•• phase not at guilt phase after D placed mental condition in issue.
  • No sua sponte duty to give limiting instruction.
  • No duty to request instruction where request futile.