Lawson

BACKGROUND

Defendant shot and killed Madison Rose Weiss as she sat in her car. The People by information charged defendant with murder, alleging a firearm enhancement under Penal Code section 12022.5, subdivision (a) as well as circumstances in aggravation under California Rules of Court, rule 4.421. At trial, defendant admitted shooting Weiss, but contended he did so in self-defense.

2 1. Pretrial motions in limine In advance of trial, the prosecution moved to admit videos, photographs, and chat exchanges from defendant’s Instagram account. The prosecution represented that defendant made “several admissions related to the murder” in his Instagram posts, as well as “admissions related to his propensity for violence.” The prosecution further represented that in the posted photos, defendant was dressed in the clothing and jewelry he wore at the crime scene. At the hearing on the motion, the prosecution noted defendant was “a music artist” and the prosecution wished to avoid problems with recent amendments to the Evidence Code limiting evidence of artistic expression in criminal trials. The court asked if defendant “rap[ped] about killing” Weiss. After discussion as to the…