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Cal. Supreme Court Splits On Admissibility Of "Eulogy" Video At Capital Sentencing Hearing

By Jeremy Price

During the penalty phase of the defendant's capital trial, the court permitted the prosecution to show the jury a videotape prepared by the victim's mother portraying the victim's life. The trial court concluded, under Evidence Code section 352, that the videotape was more probative than prejudicial. In Justice Chin's majority opinion, the California Supreme Court reiterated the principles recently discussed in People v. Prince (2007) 40 Cal.4th 1179, which permitted the use of videotapes regarding the victim so long as the prosecution does not introduce "irrelevant or inflammatory material that diverts the jury?s attention from its proper role or invites an irrational, purely subjective response." Prince provided the following guidance: "?[c]ourts must exercise great caution in permitting the prosecution to present victim-impact evidence in the form of a lengthy videotaped or filmed tribute to the victim...continue to full post

Full post as published by Criminal Appeal on December 17, 2007 (boomark / email).