Similars/Character/Conduct

Name: People v. Villatoro
Case #: S192531
Court: CA Supreme Court
District CalSup
Opinion Date: 07/30/2012
  • Categories: Admitting/Excluding, By CALCRIM Number, Evidence, Jury Instructions, Similars/Character/Conduct

Evidence Code section 1108 is not limited to uncharged crimes and the jury may consider crimes charged in the present case to prove propensity. Appellant was convicted of various offenses, including rape, against five women. He challenged the giving of…

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Name: People v. Rouse
Case #: H034647
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 02/28/2012
Subsequent History: 5/23/12 Review Granted (S201479)
  • Categories: Crimes, Elements of Crimes, Evidence, Expert Witness, Pretrial Motions, Severance/Consolidation, Similars/Character/Conduct

The convictions of forcible lewd acts, violations of Penal Code section 288, subdivision (b)(1), were supported by evidence of duress. Duress involves the use of direct or implied threat of force, violence, danger, hardship, or retribution sufficient to cause a…

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Name: People v. Hernandez
Case #: B225494
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 11/10/2011
  • Categories: Defenses, Evidence, Similars/Character/Conduct, Statute of limitations

The evidence of prior uncharged sex offenses involving appellant's two daughters was admissible at the trial involving continuous sexual abuse of a granddaughter despite the passage of time. The admissibility of the prior abuse of appellant's daughters was determined pursuant…

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Name: People v. Kovacich
Case #: C061778
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 12/01/2011
  • Categories: Admitting/Excluding, Evidence, Hearsay, Insufficiency/Sufficiency of, Similars/Character/Conduct

There was sufficient evidence of the personal use of a firearm in the commission of the murder based on circumstantial evidence, including forensic expert opinion about the genesis of a hole in a portion of the cranium. The partial skull…

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Name: People v. Lopez
Case #: H034619
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 08/19/2011
  • Categories: By CALCRIM Number, Double Punishment (PC 654), Evidence, Jury Instructions, Sentencing, Similars/Character/Conduct

The admission of prior bad acts involving theft required reversal of a first degree burglary conviction where the prejudicial effect outweighed the probative value. In limine the trial court ruled that the prosecution could introduce evidence of a theft of…

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Name: People v. Loy
Case #: S076175
Court: CA Supreme Court
District CalSup
Opinion Date: 07/07/2011
  • Categories: Evidence, Similars/Character/Conduct

Evidence Code section 1108 allows the sexual misconduct history to be considered for whatever light it might shed on issues, including the defense claim of mistaken identity, so long as there is weighing of prejudice versus the probative value. Twelve-year-old…

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Name: People v. Larson
Case #: E050114
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 04/26/2011
  • Categories: Areas Constitutional Law, Confront/Cross-exam, Evidence, Similars/Character/Conduct

A ruling that allows introduction of past acts of domestic violence pursuant to Penal Code section 1109 is evaluated on appeal for abuse of discretion. No abuse of discretion was found when defense counsel argued that the prior incident was…

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Name: People v. Gann
Case #: D055431
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 03/24/2011
  • Categories: Evidence, Hearsay, Motion for New Trial, Procedural Requirements, Similars/Character/Conduct

Hearsay statements, the pre-arrest statements of a sister, were admissible at the trial of her brother based on their conspiracy to kill their stepfather and to make the murder look like a home-invasion robbery by a masked intruder. The exception…

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Name: People v. Villatoro
Case #: B222214
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 04/12/2011
Subsequent History: 7/20/11 rev. gr. (S192531)
  • Categories: Evidence, Similars/Character/Conduct

Use of charged offenses as propensity evidence regarding other charged offenses is appropriate and furthers the Legislature purpose of Evidence Code section 1108. A jury convicted appellant of kidnaping, robbery, rape and other offenses committed against five women. Personal use…

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Name: People v. Brown
Case #: F058350
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 02/22/2011
  • Categories: Admitting/Excluding, Evidence, Similars/Character/Conduct

Murder is an offense involving domestic violence within the meaning of Evidence Code section 1109. Appellant and the murder victim had dated for two years. Although she ended the relationship, appellant continued to attempt to contact her. In September 2001,…

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