This section contains the nature of the case and procedural background.

D and Vernon Green had been living together as lovers in Las Vegas, Nevada. Green left D and moved to Carlsbad to live with his parents. Green enrolled for an alcohol server certification class at the Carlsbad Quality Inn, where the crime ultimately took place. During the trial, Green's mother testified that while she was driving Green to D pulled alongside their car at a stop light in Carlsbad. She testified that Green looked over at D and spontaneously stated, 'There's Joseph,' while appearing to be 'very agitated' and 'scared.' She immediately looked over at the man her son was referring to and later identified D in court as the man she had seen driving the adjacent car. When the light changed to green, D turned his car and drove away without making contact. D was convicted and appealed in part on the admission of the mother’s testimony.

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