Blog Jay Leiderman Law

Category Archives: trial

THE DEFENSE MOVES FOR AN ORDER TO EXCLUDE ANY REFERENCE TO THE DEFENDANT’S CRIMINAL HISTORY INCLUDING, BUT NOT LIMITED TO, CONVICTIONS, CHARGES OR ACCUSATIONS, UNLESS THE DEFENDANT OPENS THE DOOR THERETO Misdemeanor conduct  Any act of misdemeanor misconduct that does not involve moral turpitude must be excluded as irrelevant.  The California Supreme Court has found that […]

IRRELEVANT EVIDENCE MUST BE EXCLUDED AT TRIAL The California Supreme Court has repeatedly held that only relevant evidence is admissible. (Cal. Evid. Code § 350; People v. Heard (2003) 31 Cal.4th 946, 972-973; People v. Scheid (1997) 16 Cal.4th 1; People v. Crittenden (1994) 9 Cal.4th 83, 132; and People v. Garceau (1993) 6 Cal.4th […]

The trial court abused its discretion by denying, as frivolous, the SVP’s petition for an unconditional discharge.  Defendant was committed for an indeterminate terms as a sexually violent predator (SVP). The trial court abused its discretion by denying as frivolous defendant’s petition for unconditional release given his colorable showing that his diagnosis of paraphilic coercive […]