Supreme Court of California

A trial objection on Evidence Code section 352 grounds must state the specific reasons a defendant believes evidence should be excluded; if the objection is overruled, a defendant may argue on appeal that the court should have excluded the evidence only for the reasons asserted at trial, and may argue that the asserted error in overruling the trial objection violated due process.

Appellate Information

• Decided 11/21/2005
• Published 11/21/2005

Judges

• CHIN, J.

Court

• Supreme Court of California

Counsel

• For Appellees:
  
• Verna Wefald, under appointment by the Supreme Court, for Defendant and Appellant., Michael J. Hersek, State Public Defender, and Barry P. Helft, Chief Deputy State Public Defender, as Amici Curiae on behalf of Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Donald E. De Nicola, Lance E. Winters, John R. Gorey and Laura J. Hartquist, Deputy Attorneys General, for Plaintiff and Respondent.