People v. Ramirez

55 Cal. App. 4th 47 (1997)

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People v. Ramirez

California Court of Appeal
55 Cal. App. 4th 47 (1997)

  • Written by Sharon Feldman, JD

Facts

Luciano Ramirez (defendant) was indicted for sex offenses. Ramirez was given the victim’s true name during discovery. At trial, the court instructed the jury that the victim was being identified as Jane Doe to protect her privacy. The victim testified; no juror acknowledged recognizing her. Ramirez was convicted and argued on appeal that he was denied a fair and impartial jury because the pseudonym interfered with counsel’s ability to examine prospective jurors about knowing the victim; he was denied his confrontation and cross-examination rights because the pseudonym made the victim less vulnerable to cross-examination, and his right to have the jury hear the victim’s real name outweighed the victim’s privacy interest; and he was denied due process because the court’s instruction about using the pseudonym to protect the victim’s privacy lessened the prosecution’s burden of proof.

Rule of Law

Issue

Holding and Reasoning (Reardon, J.)

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