(Download) "Martinez V. Ylst" by United States Court of Appeals for the Ninth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Martinez V. Ylst
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 24, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
In 1983, Gilbert Martinez was tried in state court and convicted of numerous pizza parlor robberies. During the pretrial proceedings, the prosecution indicated that, should the defendant testify, it would seek to introduce as impeachment evidence the defendant's two prior felony convictions for murder and assault with a deadly weapon. The defendant moved in limine to prevent the introduction of the impeachment evidence. In denying the motion, the trial court held that it did not have discretion under California's recently enacted Proposition 8 to exclude the prior convictions if the defendant chose to testify. Thus, it did not weigh the factors traditionally considered by courts. Rather than face the admission of such prejudicial evidence, the defendant decided not to take the stand.
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