P. v. Lambert CA3
In an attempt to recreate an Internet video, defendant Elijah Ray Lambert shot his best friend, Miguel Martinez, while Martinez wore a bulletproof vest. The bullet clipped the vest and killed Martinez. Tried for murder, defendant was found guilty of the lesser included offense of involuntary manslaughter, and a prior strike was found true. He was sentenced to 12 years in state prison.
On appeal, defendant raises several alleged evidentiary errors, including that the trial court improperly admitted opinion testimony and hearsay statements, allowed leading questions on direct and redirect examination, and sustained objections to questions during cross-examination. He argues the evidentiary errors, singularly and cumulatively, were prejudicial thereby requiring reversal.
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