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Name: People v. Vasquez
Case #: D069298
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 08/29/2017

Trial court erred in permitting the prosecution to display a 20-foot timeline of child molestation incidents, which was created by the victim and her therapist, as a demonstrative exhibit. Vasquez was charged with various sex offenses involving two minors. The first trial resulted in a hung jury. At the retrial, defense counsel highlighted several inconsistencies in minor P.C.'s testimony during her cross-examination. On redirect, over defense objection, the trial court allowed the prosecution to use a 20-foot timeline created by P.C. and her therapist, which detailed P.C.'s recollection of the sexual interaction between Vasquez and P.C., as "a demonstrative piece…

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Name: People v. Rivera
Case #: A130421
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 11/30/2011

Requiring a testifying defendant to demonstrate the strangulation of his victim had inconsequential probative value and resulted in an abuse of discretion, but it was not sufficiently prejudicial to require reversal. The defendant admitted that he killed the victim and presented a defense that the killing was a crime of passion or unreasonable self-defense to negate the element of malice. On cross examination, the defendant was asked to demonstrate the strangulation. Using a mannequin the defendant was led by the prosecutor and the court to take certain positions to demonstrate the strangulation. The demonstrative evidence was offered to prove malice…

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Name: Moses v. Payne
Case #: 07-35468
Court: US Court of Appeals
District 9 Cir
Opinion Date: 09/15/2008

The trial court did not err by precluding a defense expert witness from testifying or by excluding an autopsy photo of the victim. Petitioner was convicted of the second-degree murder of his wife. Petitioner had claimed at trial that his wife had shot herself in the head. At trial the defense introduced four of the wife's medical providers to testify about her mental heath and substance abuse. The defense also sought to introduce the testimony of another doctor, an expert on depression. Although the expert could not testify that the death was a suicide, he was going to testify that the victim fell into…

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