context: Further, the Court is mindful that the trial court failed to take appropriate action to minimize the prejudicial effect of the gang evidence on the jury, e.g., by clearly instructing the jury to limit their consideration of the gang affiliation testimony to a proper purpose, e.g., impeachment.
citation_a.signal: see
citation_a.identifier: 102 F.3d 222, 222
citation_a.parenthetical: noting trial court's error in failing to instruct the jury on proper purpose of gang evidence and finding that such error was not harmless
citation_a.sentence: See Jobson, 102 F.3d at 222 (noting trial court’s error in failing to instruct the jury on proper purpose of gang evidence and finding that such error was not harmless); see also Takahashi, 205 F.3d at 1165 (district court did not abuse its discretion in admitting gang evidence where it took steps to minimize undue prejudice); Burks v. Borg, 27 F.3d 1424, 1431 (9th Cir.1994) (finding that gang evidence and argument was harmless error upon habeas review given trial court’s “prompt and effective action” in instructing the jury on the evidence).
citation_b.signal: see also
citation_b.identifier: 27 F.3d 1424, 1431
citation_b.parenthetical: finding that gang evidence and argument was harmless error upon habeas review given trial court's "prompt and effective action" in instructing the jury on the evidence
citation_b.sentence: See Jobson, 102 F.3d at 222 (noting trial court’s error in failing to instruct the jury on proper purpose of gang evidence and finding that such error was not harmless); see also Takahashi, 205 F.3d at 1165 (district court did not abuse its discretion in admitting gang evidence where it took steps to minimize undue prejudice); Burks v. Borg, 27 F.3d 1424, 1431 (9th Cir.1994) (finding that gang evidence and argument was harmless error upon habeas review given trial court’s “prompt and effective action” in instructing the jury on the evidence).