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Name: People v. Story
Case #: S161044
Court: CA Supreme Court
District CalSup
Opinion Date: 04/09/2009

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 prior sex offenses. A "sex offense" for this purpose is defined as any conduct proscribed by specified Penal Code sections, including the crime of rape. In this case, the California Supreme Court granted review to determine whether a defendant tried for first degree felony murder, where the underlying felony was rape, is "accused of a sexual offense"…

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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

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 in the hospital where he worked. At his trial, he moved to exclude evidence of a 1995 conviction for battery of a nurse. The evidence was admitted under Evidence Code section 1108. On appeal, Manning challenged the constitutionality of section 1108. The appellate court rejected the argument. Appellant also contended that the trial court…

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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

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 Penal Code section 273d, subd. (a), (count 1), and felony child abuse in violation of section 273a, subd.(a), (count 2) for injuries inflicted on his live-in girlfriend's baby. During the trial, the court admitted under Evidence Code section 1109 evidence that Dallas had committed previous acts of domestic violence against a former girlfriend and previous acts of child…

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Name: People v. Garelick
Case #: H030976
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 04/08/2008

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 to the uncharged offense. Appellant was charged with attempted lewd act on a child under the age of 14 (Pen. Code secs. 664, 288, subd. (a)); attempted distribution of harmful matter to a minor (Pen. Code, secs. 664, 288.2, subd. (b)); and possession of child pornography (Pen. Code, sec. 311.11, subd. (a)). Pursuant to Evidence Code section 1101,…

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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

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 constitutionality of Evidence Code section 1109, subdivision (a)(2), which sanctioned the admission of the prior bad acts. The appellate court rejected the argument, finding that the prior acts were very similar and tended to show a propensity to commit such acts. The evidence was relevant and was no more inflammatory than the charged acts. …

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Name: People v. Lopez
Case #: F050831
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 11/14/2007

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. On appeal, he argue that the trial court erred when it admitted evidence pursuant to Evidence Code section 1108 that he previously assaulted his cousin. He contended that the evidence should have been excluded because the confrontation resulted in a conviction for false imprisonment, and since false imprisonment is not a sex offense, it should not have…

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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

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 former girlfriend. On appeal, he argued that there was insufficient evidence to support the rape conviction and therefore the trial court erred in denying his pretrial motion to dismiss it. The appellate court rejected the argument. Because there was sufficient evidence of rape presented at trial, appellant could not show that he was in any material…

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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

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 1109, subdivision (a)(1). On appeal, appellant argued that this was a case in which the evidence of prior domestic violence was more prejudicial than probative and should have been excluded. The appellate court rejected the argument, finding that the similarities between the two incidents made the evidence strongly probative. The passage of time did not necessarily…

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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

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. As such, character evidence is premised on a continuity of character over time as opposed to an isolated incident. In addition to other counts, appellant was charged with resisting an officer with serious bodily injury and battery on an officer. In an in limine motion the prosecution sought to introduce evidence of appellant’s violent character if appellant…

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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

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 trial court erred in excluding evidence that Cotham had twice before driven recklessly while under the influence of alcohol. One incident took place a year before, and the other almost two years after the fatal crash. Appellant contended that because Cotham was a victim of the crime, evidence of his conduct on the other two occasions…

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