Chapter 14 Evidence at Trial

• Jurisdiction: United States

Chapter 14 Evidence at Trial

352 Motion—Admissibility of Evidence

California Evidence Code §352 states: "The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, confusing the issues or of misleading the jury." Often an attorney will object the admission of evidence on 352 grounds.

402 Motion—Admissibility of Evidence

Prior to introducing evidence at a trial, the parties may request a hearing to determine the admissibility of evidence. Cal. Evid. Code §402. If a party disputes a preliminary fact or the admissibility of a piece of evidence, the court should resolve any dispute outside the presence of a jury. In a 402 hearing, the court listens to the proposed evidence and decides whether it is admissible or not. This includes the admissibility of a confession or admission of a defendant out of the presence and hearing of the jury, if any party requests it.

1118.1 Motion—Motion to Acquit

In a jury trial, a California Penal Code §1118.1 motion is a motion to dismiss due to insufficient evidence to sustain a conviction. (In a court trial, it is a 1118 motion.) The court will look to see whether, based on the evidence, including reasonable inferences to be drawn, there is substantial evidence for each element of the offense charged. Insufficient evidence means that no reasonable jury could convict a defendant based on the evidence presented. An attorney can ask for a 1118.1 motion when the prosecution rests prior to the defense presenting its case or when the defense rests prior to jury deliberations. Procedurally, this motion is to be made at a sidebar.

Amend Charging Document (See Chapter 2)

The prosecutor may request to amend a complaint (on a misdemeanor), information, or indictment (on a felony) prior to a verdict. If the amendment is made after the defendant enters a plea of not guilty, but prior to a verdict, then the prosecutor must get permission from the court to amend the complaint. The court usually allows amendments to prevent defects or insufficiencies at any stage of the proceedings. However, the court may not allow amendments to change or add charges or if a defendant's substantial rights are violated by the amendment. Cal. Penal Code §739 and §1009.

Aranda/Bruton Motion—Admissibility of Co-Defendant Statements

An Aranda/Bruton motion can occur during a multiple-defendant trial where one of the defendants has made statements to law enforcement that incriminate another defendant. In a joint trial, defendant "A" can make an Aranda/Bruton motion asking the court to bar the prosecution from introducing statements made by defendant "B" regarding the culpability of defendant "A" in the crime(s). People v. Aranda (1965) 63 Cal.2nd 518; Bruton v. United States (1968) 391 U.S. 123.

In Bruton, supra, the court held that the introduction of a co-defendant's confession implicating the defendant posed a substantial threat that violates the defendant's Sixth Amendment right to confront and cross-examine adverse witnesses, even if the jury is explicitly instructed to disregard the confession in determining whether the defendant is guilty. However, the statement could be admissible under other hearsay exceptions such as a declaration against co-conspirator or an adoptive admission.

A court may choose from a variety of solutions if a prosecutor must...