EVIDENCE - Admissibility - Prejudicial evidence - Probative value

Law360 Canada (April 26, 2023, 6:19 AM EDT) -- Appeal by Davani from conviction for murder. White was socializing with friends in the open garage of her home when a Range Rover drove by her garage twice. On the second drive-by, the Range Rover slowed in front of the open garage, and multiple shots were fired from the front passenger window. One of the bullets struck White and she died from a single gunshot wound to her abdomen. The police located the Range Rover. Davani, who was in the front passenger seat, was arrested. Bigby, the co-accused, fled but later turned himself in to the police and identified himself as the driver of the Range Rover. Davani and Bigby were tried together. Davani testified that a third person, Star, had been in the car and was the shooter. Bigby testified that Davani was the shooter and it was just the two of them in the car. Davani was convicted but Bigby was acquitted. Davani argued that his trial was unfair and raised several grounds of appeal. Specifically, he argued that the trial judge should not have permitted counsel for the co-accused, Bigby, to cross-examine him on the facts underlying an earlier conviction on his criminal record, that the trial judge showed unfairness in criticism of Davani’s trial counsel, and that the jury charge was unfair to Davani....
LexisNexis® Research Solutions

Related Sections