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Name: People v. Andrade
Case #: A135438
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 07/24/2015

Trial court did not abuse its discretion by excluding proffered third-party culpability evidence that similar police poser rapes continued to occur after defendant's arrest. Five different women, including three who were working as prostitutes, identified Andrade as the man who lured or forced them into his car, pointed a gun at them, and raped them. He told most of the women that he was an undercover police officer, or a former police officer. DNA connected Andrade to two of the rapes. The jury convicted him of seven counts of forcible rape (Pen. Code, § 261, subd. (a)(2)) and…

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Name: People v. Wright
Case #: C039031
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/04/2003
Subsequent History: Rev. granted 11/12/03: S119067

The trial court reversibly erred in excluding the testimony of witnesses who observed defendant's behavior before the shooting charged as murder, which defendant sought to use on the issue of his state of mind in connection with his theory of imperfect self-defense. A psychiatrist testified that he relied on summarized accounts of the excluded witnesses in forming his opinion that defendant had paranoid delusions. Defendant, who had actually been the victim of a home invasion robbery a year earlier, exhibited a false belief his home was currently being invaded, and other paranoid beliefs. The defendant was entitled to present…

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Name: People v. Basuta
Case #: D034429
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/10/2001
Subsequent History: Reh. denied 1/7/02. As amended, no change in judgment. Modified opinion of 12/10/01.

Defendant was a daycare provider convicted of assault on a child with force likely to produce great bodily injury resulting in death (Pen. Code, sec. 273ab.) There was conflicting medical evidence and the defense sought to discredit the testimony of witness Carrillo, who testified appellant violently shook the baby. The appellate court agreed that it was error to exclude evidence that the child’s mother had shaken the child when she was angry. It was also error for a police officer to testify Carrillo had volunteered to take a polygraph test. In light of the prosecutor’s argument that…

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