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We see no reason to reach a different conclusion here. Presumably, therefore, the jury did not infer that Marlow was effectively admitting every incriminatory fact about which her counsel and the prosecutor asked him.

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Coffman contends the court abused its discretion and violated her state and federal constitutional rights in so ruling. We find no abuse of discretion and no denial of constitutional rights in the admission of the letters. Evidence Code section permits a trial court, in its discretion, to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time or create the substantial danger of undue prejudice, of confusing the issues or of misleading the jury.

Arias 13 Cal.

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That the letters might have been, as Coffman argues, cumulative of Dr. Consequently, the trial court did not abuse its discretion in admitting the letters. Inasmuch as Coffman fails to identify a meritorious ground for their exclusion, she fails to establish that her trial counsel rendered ineffective assistance in this regard. The claim is, in substance, one of erroneous admission of evidence, subject to the standard of 87 review for claims of state law error. Watson 46 Cal. Coffman forfeited this contention by failing to make a contemporaneous objection. Brown 31 Cal.

The prosecutor began his cross-examination of Marlow by reading from count 2 of the information, which charged Marlow and Coffman with kidnapping Corinna Novis, and asking if the charge were true. Marlow acknowledged he intentionally kidnapped Novis. You have a good objection. In other words, she was an active, willing participant in that crime? The prosecutor then inquired 88 about count 4, charging robbery. Torres 33 Cal. Brown Cal. The reason for this rule is not because guilt is the ultimate issue of fact for the jury, as opinion testimony often goes to the ultimate issue.

Torres , supra , at p. To put it another way, the trier of fact is as competent as the witness to weigh the evidence and draw a conclusion on the issue of guilt. She asserts there was no foundational showing that Marlow understood the legal definitions of the crimes about which he was questioned. She also asserts Marlow had no basis upon which to make any admission or confession of her guilt, and for these 89 reasons his testimony was irrelevant.

Impeachment of Veronica Koppers 1. While in custody during her own trial, Koppers took medications for depression and difficulty sleeping Elavil and Sinequan, respectively ; in the present trial, she testified she had problems recalling what happened during the period of her incarceration, including the substance of her testimony at her own trial. We find no error. Johnson 3 Cal.

Marlow asserts that short-term memory loss is a known side effect of Elavil, but no such medical evidence was presented to the trial court in this case. The court found that Koppers was not unavailable as a witness. Craig had made an objection to the reading of the transcript of the testimony of. Veronica Koppers. And I had overruled the objection. She did testify to a great many things. In neither [ sic ] case it would not be available, so the objection is sustained.


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Rather, courts have given the statutes a realistic construction consistent with their purpose, i. Reed 13 Cal.

Court of Appeals Division III - Briefs

Coffman, however, cites no decision approving wholesale admission of former testimony in a case like this, where the declarant was present on the stand, responded to questions, and was appropriately subject to impeachment with prior inconsistent statements from her former testimony when she feigned loss of memory. Coffman also complains the trial court erred under Evidence Code sections and , and the rule in People v.

Green 3 Cal. It lacks merit for the reasons previously discussed.


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Testimony of Dr. Lenore Walker 1. Marlow: Admissibility of opinions; adequacy of limiting instruction Marlow contends the trial court erred in permitting the jury to consider Dr. When Dr. Walker took the stand, the trial court instructed the jury that the evidence Walker had taken into account in forming her opinion that Coffman was a battered woman was hearsay as to Marlow and therefore inadmissible against him. Marlow complains, however, that the court did not similarly restrict the admissibility of Dr.

Therefore, that the jury employed Dr. Watson , supra , 46 Cal. Marlow further contends the admission of Dr. Marlow enumerates some 10 instances in which he asserts Dr. Walker testified that, in her professional opinion, Coffman was truthful. In that context, however, Dr.

Holt 15 Cal. Because, however, he asserts counsel rendered ineffective assistance in failing to preserve the point, we address its substance. On the merits, the challenged opinion that Coffman was credible should have been excluded on a proper objection. Cole 47 Cal.

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Bledsoe 36 Cal. McAlpin 53 Cal. Assuming error in the admission of Dr. Well, again, in the way I [ sic ] that I measure truth, I think she told them as she knew it. She told it consistently to the police, to me, to this jury, and I believe it. The trial court, moreover, instructed the jury during Dr.

follow link We presume the jury followed this instruction. Sanchez 12 Cal. We see no reasonable likelihood the jury would have understood the instruction to preclude it from considering against Marlow only the facts underlying Dr. Cain 10 Cal. Marlow acknowledges that a trial court generally has no sua sponte duty to give an instruction limiting the purpose for which evidence is received see People v. Collie 30 Cal.