People v. Houston

In People v. Houston (2005) 130 Cal.App.4th 279, the defendant contended on appeal that his rights to due process and a fair trial were violated by spectators wearing buttons and placards bearing the victim's likeness in the courtroom. (Id. at p. 309.) The trial court allowed the spectators to wear the buttons but admonished the jury that the buttons were not evidence and the jury should not consider them for any purpose. (Ibid.) The trial court repeated the admonition again during closing arguments, and defense counsel commented that friends and relatives were in the courtroom and reiterated the court's admonition. (Id. at pp. 309-310.) The Court of Appeal concluded that the two admonitions were sufficient to cure any inherent prejudice presented by the button display. (Id. at pp. 311-313.)