SERIES 300 EVIDENCE
F 304 Multiple Defendants: Limited Admissibility of Evidence
TABLE OF CONTENTS
F 304 Inst 1 Admissibility Of Co-Conspirator Statements: When Not Admissible Against All Co-Defendants (PC 182)
F 304 NOTES
F 304 Note 1 Limited Admissibility Instruction Must Be Requested
Return to Series 300 Table of Contents.
F 304 Inst 1 Admissibility Of Co-Conspirator Statements: When Not Admissible Against All Co-Defendants (PC 182)
*Add to CC 304 when applicable:
However, you are not to consider the statement[s] of __________ <insert name of co-conspirator making statements>as evidence against __________ <insert name of co-defendant against whom the statements are inadmissible
Points and Authorities
When a co-conspirator’s statements are admissible against one defendant, and not another, CJ 6.24 and CJ 2.07 should be modified to clearly inform the jury that it may only consider the statements against the defendant against whom they are admissible. (EC 355.)
See also FORECITE F 103.4 Inst 2.
Identification Of Parties—See FORECITE F 100.2 Note 1.
WARNING! Federal constitutional claims may be lost without proper federalization.—To preserve federal claims, counsel should add the applicable constitutional provisions and authority to the above points and authorities and explain how those provisions will be violated under the circumstances of this case. Potential constitutional grounds for this request include, but are not limited to:
FORECITE CG 7.4 [Juror Consideration Of Evidence For An Improper Purpose]
In death penalty cases additional federal claims should be added including, but not limited to, those in FORECITE CG 13.
CALJIC NOTE: See FORECITE F 6.24a.
F 304 NOTES
F 304 Note 1 Limited Admissibility Instruction Must Be Requested
As with most limiting instructions, CC 304 should not be given unless it is requested. (See People v. Gallego (1990) 52 C3d 115, 175.)
