SERIES 200 POST-TRIAL: INTRODUCTORY
F 203 NOTES
TABLE OF CONTENTS
F 203 Note 1 Prejudicial Joinder Of Weak Case With Strong Case
F 203 Note 2 Strategy ALERT: Counsel Must Request Instruction On Limited Admissibility Of Evidence Against Some Defendants And Not Others
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F 203 Note 1 Prejudicial Joinder Of Weak Case With Strong Case
There is a high risk of prejudice whenever joinder of counts allows evidence of other crimes to be introduced in a trial of charges with respect to which the evidence would otherwise be inadmissible. (See U.S. v. Lewis (9th Cir. 1986) 787 F2d 1318.) Bean v. Calderon (9th Cir. 1998) 163 F3d 1073, held that such a joinder was prejudicial in a case where the jury was not instructed to consider the evidence of each count separately. (See also People v. Grant (2003) 113 CA4th 579, 587-90, 593 [joinder substantially prejudiced defendant and denied him a fair trial].)
CALJIC NOTE: See FORECITE F 17.00 n2.
F 203 Note 2 Strategy ALERT: Counsel Must Request Instruction On Limited Admissibility Of Evidence Against Some Defendants And Not Others
CC 203, the standard instruction on multiple defendants, is required sua sponte. (See People v. Mask (1986) 188 CA3d 450, 457; see also California Mandatory Criminal Jury Instruction Handbook (CJER) (2013) § 2.159(6).) However, CC 304 on limited admissibility of evidence must be requested. (See FORECITE F 304 Note 1.)
