People v. Diaz
227 Cal. App. 4th 362
| Cal. Ct. App. | 2014Background
- Diaz was retried on the murder charge after the first trial ended in a mistrial on that count and was convicted of murder in the retrial, with counts 2–5 also litigated.
- At the murder retrial the People introduced two videos (MAAC and MADD) depicting consequences of alcohol-related driving; the videos were shown to the jury over defense objection.
- The court allowed the MAAC and MADD videos to be shown, and later issued a curative instruction regarding Delaware law depicted in the videos.
- The trial court ultimately did not admit the MAAC video as evidence, but the MADD video was received, and the prosecutor referenced the videos in closing arguments, prompting defense challenges.
- The appellate court held the trial court abused its discretion by permitting the viewing of the videos, found prejudice under Evidence Code 352, reversed the murder conviction, affirmed counts 2–5, and remanded to retry murder if the People elect to pursue it.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether viewing the MAAC and MADD videos was reversible error | People argued videos were probative of awareness and admissible | Diaz argued videos were highly prejudicial and inflammatory | Yes; viewing was reversible error due to substantial prejudice |
| Whether the error requires reversal under Chapman/Watson standards | Watson standard applies; error harmless beyond reasonable doubt | Chapman standard applies; preservative prejudice invalidates conviction | Prejudice excessive; reversal required under Watson (and Chapman not necessary to resolve) |
| Whether counts 3 and 4 are lesser included offenses of count 2 | Counts 3 and 4 are lesser included offenses of count 2 | Different victims allow multiple convictions | Not reversible; convictions on counts 3 and 4 affirmed |
| Whether the murder conviction must be retried or the counts remanded | Remand with directions to retry murder if pursued | Possibly not retried; resentence on remaining counts | Remand with directions to retry murder or resentence if not retried |
Key Cases Cited
- People v. Murray, 225 Cal.App.3d 734 (Cal. App. 1990) (prior education content admissible to show awareness of dangers)
- People v. Guerra, 37 Cal.4th 1067 (Cal. 2006) (abuse of discretion standard for evidentiary rulings)
- Holford v. Superior Court, 203 Cal.App.4th 155 (Cal. App. 2012) (trial court should view evidence before ruling on admissibility)
- People v. Honeycutt, 20 Cal.3d 153 (Cal. 1977) (punishment not proper juror consideration; undue prejudice concern)
- People v. Watson, 30 Cal.3d 290 (Cal. 1981) (harmless error standard for evidentiary rulings under Watson)
- People v. Ortiz, 109 Cal.App.4th 104 (Cal. App. 2003) (implied malice; prior DUI evidence admissible to show awareness)
- People v. Doolin, 45 Cal.4th 390 (Cal. 2009) (emotional prejudice concerns in evidentiary rulings)
- People v. Soojian, 190 Cal.App.4th 491 (Cal. App. 2010) (closely-related jury-deliberation indicators as prejudice metric)
- McFarland, 47 Cal.3d 796 (Cal. 1989) (multiple victims; separate offenses may be punished for same incident)
- Hill v. California, not cited with reporter; omitted (—) (carillon metaphor referenced in discussion)