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· 12/18/1891

Smullen v. Phillips

Citations

  • 92 Cal. 408
  • 28 P. 442
  • 1891 Cal. LEXIS 1222

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that the trial court did not abuse its discretion by admitting the appellant’s jail call in which he denied any involvement in the crime despite a Rule 403 objection due to the appellant making several derogatory references during the call
  • holding that portions of the defendant’s statement to the police that referred to his drug use were properly admitted as intrinsic evidence because they “formed an integral and natural part of his account of the circumstances surrounding the offenses for which he was indicted”
  • holding that portions of the defendant’s statement to the police that referred to his drug use were properly admitted as intrinsic evidence because they “formed an integral and natural part of his account of the circumstances surrounding the offenses for which he was indicted”
  • concluding that the trial court did not abuse its discretion by admitting the appellant’s jail call in which he denied any 18 involvement in the crime despite a Rule 403 objection due to the appellant making several derogatory references during the call
  • explaining that offensive language used in a recording of the appellant's phone call from jail did not create a risk of unfair prejudice that substantially outweighed its probative value under OCGA § 24-4-403
  • approving of the pattern modified Allen charge as “fair and accurate”

Source: CourtListener parenthetical corpus (CC0).

Judges: Fitzgerald

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.