P. v. Ware CA1/4
Defendants Derrick Ware and Robert McNeally were convicted by jury of kidnapping for sexual purposes as well as several other sexual offenses and related enhancements, and the trial court sentenced them to lengthy prison terms. In these consolidated appeals, defendants argue the court erred by (1) giving incorrect instructions to the jury about the kidnapping charge and about assessing witness credibility, (2) denying mistrial motions and making related rulings in connection with jurors’ potential observations of defendants in restraints in the courthouse hallway, (3) failing to investigate or excuse a juror for alleged misconduct, and (4) excluding expert testimony proffered by the defense. We find no reversible error and therefore affirm.
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