CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Relevance
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Admissibility of Relevant Evidence
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Specific Issues
............Specific Type of Weapon
8 Cards On This Topic:
Because D accused of killing V by cutting her throat and later was found with cutting devices (box cutters & knives), any of which could have been the murder weapon, trial court within its discretion in finding the evidence relevant.
Harmless error to admit testimony that D had unique handgun similar to murder weapon a year before murders; also not admissible under EC 1101 as it was propensity evidence.
Evidence that D possessed deadly weapon permissible if weapon unknown, but not if different from murder weapon.
While admission of guns in D's car improper if offered as "other crime" evidence, they were sufficiently connected to crimes that admission proper under EC 352.
Evidence that D possessed small, easily concealed unloaded gun but chose instead to take a loaded gun to murder site "to intimidate" V, was relevant to D's credibility.
W's testimony that gun D showed her "looked like" murder weapon admissible.
Rifle and ammo found near crime scene properly admitted where there was no direct evidence at time of seizure to render it irrelevant to establish material facts.
Despite weak probative value of knife set from D's home made by same co. as murder scene knife, set could prove D had access to or familiar w/same brand of knife.