If a jury had been instructed not to use gang related evidence, would the jury have been instructed to exclude the name of the alleged shooter from the photographic line-up?

California, United States of America

The following excerpt is from People v. Eck, 76 Cal.App.4th 759, 90 Cal.Rptr.2d 594 (Cal. App. 1999):

It is also more probable than not some instruction limiting use of gang-related evidence would have been given upon request. We nevertheless find there is no reasonable probability appellant would have received a different result had the jury been properly instructed. (People v. Watson (1956) 46 Cal.2d 818, 836.) The evidence of appellant's guilt was very strong. When Hector believed he would die from his gunshot wounds he identified appellant as the shooter by name, gang moniker and gang affiliation at the shooting scene. He also identified appellant as the shooter at the hospital in the photographic line-up. Two weeks after the shooting Hector confirmed appellant had been the shooter but informed police officers he would not identify him in court out of fear for his and his mother's safety.

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