Opinion

People v. Carpenter

  • 90 Cal. Rptr. 2d 607
  • 21 Cal. 4th 1016
  • 99 Daily Journal DAR 11927
  • 988 P.2d 531
  • 99 Cal. Daily Op. Serv. 9267
Court
California Supreme Court
Filed
Nov 29, 1999
Status
Published
Author
Kennard
On the bench
Chin, Kennard, Mosk
Cited by
171 cases
Authority
More cited than 5.6%

holding that defendant’s challenge to pretrial ruling to permit admission of his prior convictions should he testify was cognizable on appeal even though defendant did not renew pretrial objection at trial and elicited convictions himself on direct examination; explaining that “[d]efendant obviously believed it was better for the jury to hear of the convictions from him first rather than from the prosecution later” and that “[h]e did not have to take this step at the cost of losing his right to appeal the ruling that caused it”

How later courts described this case

  • holding that defendant’s challenge to pretrial ruling to permit admission of his prior convictions should he testify was cognizable on appeal even though defendant did not renew pretrial objection at trial and elicited convictions himself on direct examination; explaining that “[d]efendant obviously believed it was better for the jury to hear of the convictions from him first rather than from the prosecution later” and that “[h]e did not have to take this step at the cost of losing his right to appeal the ruling that caused it”
  • holding that defendant could introduce the convictions first rather than wait until presented by prosecution and still appeal; under California law, however, pre-trial objection need not be renewed at trial to preserve error

Written by the judges who cited it.

The opinion

KENNARD, J., Concurring.

In In re Carpenter (1995) 9 Cal.4th 634 [ 38 Cal.Rptr.2d 665 , 889 P.2d 985 ], I joined Justice Mosk’s dissenting opinion, which concluded that this court should grant defendant’s petition for writ of habeas corpus and vacate the judgment in its entirety on the ground that Jury Foreperson Barbara Durham was biased against him; (Id. at pp. 660-687 (dis. *1065 opn. of Mosk, J., concurred in by Lucas, C. J., and Kennard, J.).) Although I have not departed from that view, the question whether Juror Durham was biased is not at issue here. As Justice Chin’s majority opinion explains, none of the claims defendant raises in his appeal is meritorious. I therefore concur in the majority’s reasoning and result.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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