P. v. Palmer CA2/2
Defendant and appellant Kelsie James Palmer (defendant) appealed from the 2019 judgment entered after being convicted of murder, attempted murder, and making a criminal threat. Defendant challenged rulings related to the invocation of the Fifth Amendment right of his two accomplices not to testify, and the trial court’s refusal to give a limiting instruction on the issue. He also challenged the court’s exclusion of fingerprint evidence, failure to excise the “certainty factor” from CALJIC No. 2.92 regarding eyewitness identification, giving allegedly erroneous aiding and abetting jury instructions, failure to instruct the jury that gang evidence alone cannot prove that a defendant is an aider and abettor, advising the jury of courtroom operation costs, and failure to provide a unanimity instruction relating to the criminal threat charge. Defendant complained of vindictive prosecution, the court’s failure to determine his ability to pay before imposing statutory assessments an
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