People v. Cosby CA4/1

I. FACTUAL AND PROCEDURAL BACKGROUND

A. The Charges Cosby was charged in an amended information with the murder of Samuel Burkhalter and the personal use of a firearm and intentional and personal discharge of a firearm, causing great bodily injury and death (count 1); possession for sale of fentanyl (count 3); possession for sale of methamphetamine (count 4); and possession of methamphetamine while in possession of a loaded, operable firearm (count 5). A codefendant, Selina Elaina Singleton, was charged with being an accessory after the fact (count 2) and with the drug possession charges (counts 3, 4 and 5). Shortly before trial, Cosby pled guilty to counts 3, 4 and 5, and proceeded to trial on count 1 as the sole defendant. B. Motions in Limine Prior to trial, Cosby moved in limine to introduce evidence of Burkhalter’s prior specific bad acts “to confirm Mr. Cosby’s assertion that Mr. Burkhalter was known to be armed with guns and was the aggressor.” The motion noted that Cosby did not “dispute that [he] used a firearm and shot Mr. Burkhalter.” Specifically, Cosby sought to introduce a one-page police

2 bulletin (flyer or police flyer)1 regarding Burkhalter that had…