Similars/Character/Conduct

Name: People v. Story
Case #: S161044
Court: CA Supreme Court
District CalSup
Opinion Date: 04/09/2009
  • Categories: Admitting/Excluding, Evidence, Similars/Character/Conduct

Prior sex offenses were admissible under section 1108 during a trial for first degree felony murder where the underlying felony was rape. When a defendant is accused of a "sexual offense," Evidence Code section 1108 allows admission of evidence of…

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Name: People v. Dallas
Case #: E043786
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 08/04/2008
  • Categories: Evidence, Similars/Character/Conduct

Where defendant lived with the infant victim of child abuse, evidence concerning prior acts of domestic violence and child abuse were admissible under Evidence Code section 1109. Dallas was charged with infliction of injury on a child in violation of…

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Name: People v. Manning
Case #: E042230
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 07/31/2008
  • Categories: Evidence, Prior Convictions/Impeach, Similars/Character/Conduct

Evidence of prior sexual offenses against a co-worker was properly admitted in trial for battery on an institutionalized victim. Manning was charged with battery on an institutionalized person in violation of Penal Code section 243.4, subdivision (b), for fondling patients…

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Name: People v. Garelick
Case #: H030976
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 04/08/2008
  • Categories: Evidence, Similars/Character/Conduct

Evidence of unrelated and uncharged possession of child pornography may be considered by the jury in determining whether defendant is guilty of the charged possession of child pornography, without a preliminary finding by the jury of a mental state as…

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Name: People v. Williams
Case #: A116295
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 01/22/2008
  • Categories: Areas Constitutional Law, Due Process, Evidence, Similars/Character/Conduct

Evidence Code section 1109, subdivision (a)(2) is not unconstitutional. Williams was convicted of several assaults on a 71-year-old man. At trial, over his objection, the prosecution presented evidence of two prior attacks on older men. On appeal, Williams challenged the…

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Name: People v. Lopez
Case #: F050831
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 11/14/2007
  • Categories: Evidence, Similars/Character/Conduct

Evidence of prior sexual offense was admissible despite the fact that it resulted in a conviction for an offense which was not a sex offense. Lopez was convicted of five sexual offenses involving the rape of his 16-year-old half sister.…

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Name: People v. Cabrera
Case #: D047895
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 06/25/2007
  • Categories: Crimes, Crimes Against Property, Defenses, Evidence, Miscellaneous defenses, Similars/Character/Conduct

Where sufficient evidence supported a conviction for rape, there was no error where the court denied appellant's pretrial motion to dismiss the charge. Appellant was convicted of multiple offenses, including carjacking, arising out of two separate violent assaults against his…

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Name: People v. Morton
Case #: G036413
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 06/20/2007
Subsequent History: rev. granted 9/29/07, S154794
  • Categories: Areas Constitutional Law, Constitutional Rights, Due Process, Evidence, Sentencing, Similars/Character/Conduct

Introduction of prior incidents of domestic violence was not error. In appellant's trial for domestic violence offenses against his girlfriend, the prosecution introduced evidence of a prior uncharged incident of domestic violence against another victim pursuant to Evidence Code section…

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Name: People v. Myers
Case #: G037074
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 02/15/2007
  • Categories: Evidence, Similars/Character/Conduct

Character evidence for the purpose of Evidence Code section 1103 comprises something other than evidence of conduct at the time in question because the purpose of character evidence is to show that a person acted in conformity with his character.…

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Name: People v. Tackett
Case #: C044770
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/31/2006
Subsequent History: Rev. granted in light of Cunningham: S148687
  • Categories: Defenses, Evidence, Miscellaneous defenses, Similars/Character/Conduct

Appellant was charged with vehicular manslaughter following a drunk driving accident in which two people were killed. The trial centered on whether the truck was being driven by appellant or by his friend, Cotham. On appeal, appellant contended that the…

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