Limited Evidence Instructions Must Be Separately Requested
November 12th, 2018

The CALCRIM instructions on limited evidence (CC 303, CC 304, and CC 305) are not required to be given in the absence of a request by counsel. (See Evidence Code section 355; People v. Simms (1970) 10 CA 3d 299, 310 [CC 303 and CC 304]; People v. Miranda (1987) 44 C3d 57, 83 [CC 304].)


Thus, in cases where important evidence has been limited to the benefit of the defendant counsel should assure that the appropriate instructions are given by making separate instructional requests for any or all of the following instructions:


CC 303 Limited Purpose Evidence In General


CC 304 Multiple Defendants: Limited Admissibility Of Evidence


CC 305 Multiple Defendants: Limited Admissibility Of Defendant’s Statement

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