Similars/Character/Conduct Archives

Categories: Evidence, Examination of Witness, Similars/Character/Conduct

Summary

Defendant's right to cross-examine a prosecution witness was forfeited by wrongdoing where he coerced the witness from testifying at trial. Defendant was charged with kidnapping his girlfriend and other offenses. While in jail he called his girlfriend and urged her…

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Name: People v. Felix

Case #: C079382

Opinion Date: 10/16/2019

Categories: Admitting/Excluding, Evidence, Prior Convictions/Impeach, Similars/Character/Conduct

Summary

Trial court did not abuse its discretion when it admitted evidence of a prior crime the defendant and codefendant committed together to show defendant's knowledge of his codefendant's violent propensities. Felix got into an argument with several employees at a…

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Name: People v. Calhoun

Case #: G055511

Opinion Date: 07/09/2019

Categories: Admitting/Excluding, Evidence, Prior Convictions/Impeach, Similars/Character/Conduct

Summary

Evidence of a human trafficking victim's prostitution activity that occurred after defendant's arrest for trafficking was inadmissible for impeachment purposes. Defendant recruited 13-year-old D.T., a runaway, as a prostitute, acted as her pimp, and had sex with her. He was…

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Name: People v. Reyes

Case #: A152557

Opinion Date: 05/17/2019

Categories: Admitting/Excluding, Evidence, Hearsay, Similars/Character/Conduct

Summary

The trial court abused its discretion by excluding as unreliable a codefendant's confession that the firearm in question belonged to him, requiring reversal of defendant's conviction. Defendant was a passenger in his cousin Navarro's car when a police officer pulled…

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Name: People v. Phea

Case #: C080488

Opinion Date: 11/28/2018

Categories: Admitting/Excluding, Evidence, Similars/Character/Conduct

Summary

Trial court did not err by instructing the jury with CALCRIM No. 1191 regarding defendant's prior uncharged sex offenses. Phea was charged with 31 child molestation offenses against three minors and two offenses for furnishing controlled substances to a minor.…

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Name: People v. Williams

Case #: C081267

Opinion Date: 05/15/2018

Categories: Admitting/Excluding, Evidence, Similars/Character/Conduct

Summary

Murder conviction reversed where evidence that defendant committed a prior attempted murder during a domestic dispute was erroneously admitted to prove his intent to kill his current wife. In 2014, Williams stabbed his wife in the neck and left her…

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Name: People v. Nicolas

Case #: G052512

Opinion Date: 02/23/2017

Categories: Burden of Proof, Evidence, Similars/Character/Conduct, Trial Proceedings

Summary

Trial court committed structural error by erroneously instructing jury on uncharged misconduct evidence where the conduct at issue was an indivisible part of the charged offense. Nicolas was talking on her cell phone, texting, and speeding down the I-405. She…

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Name: People v. Shorts

Case #: C078041

Opinion Date: 03/06/2017

Categories: Admitting/Excluding, Evidence, Similars/Character/Conduct

Summary

Trial court did not err under Evidence Code section 352 by admitting propensity evidence during defendant's murder and child sex offense trial that he had previously sexually assaulted his adult ex-girlfriend. A 13-year-old girl was found dead in a park.…

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Name: People v. Orloff

Case #: B266933

Opinion Date: 08/25/2016

Categories: Admitting/Excluding, Crimes, Elements of Crimes, Evidence, Ineff. Assist. Counsel (IAC), Right to Counsel, Similars/Character/Conduct

Summary

Trial court did not abuse its discretion by admitting evidence of prior uncharged criminal threats in case involving the same offense. Orloff, who is confined to a wheelchair, was convicted of making criminal threats (Pen. Code, § 422) and attempting…

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Name: People v. Fruits

Case #: C076324

Opinion Date: 05/04/2016

Categories: Admitting/Excluding, Evidence, Similars/Character/Conduct

Summary

In trial for criminal threats (Pen. Code, § 422) and elder abuse (Pen. Code, § 368, subd. (b)(1)), court did not err by permitting prosecution to admit evidence of prior uncharged threats. Fruits swung pruning shears at his 73-year-old mother…

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