Similars/Character/Conduct

Name: People v. Walker
Case #: B180004
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 05/18/2006
  • Categories: Evidence, Similars/Character/Conduct

Evidence Code section 1108 allows a trier of fact to consider prior sexual offenses as propensity evidence only when the defendant is accused of a "sexual offense," that is one in which sexual misconduct is an element of the charged…

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Name: People v. Wesson
Case #: H028484
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 04/20/2006
  • Categories: Evidence, Similars/Character/Conduct

A defendant's conviction of sodomy by force is upheld where the evidence of prior sex offenses was properly admitted at trial. The defendant argued on appeal that the trial court had erred in permitting proof of the prior sex offenses…

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Name: People v. Quintanilla
Case #: A104009
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 09/06/2005
  • Categories: Admitting/Excluding, Evidence, Similars/Character/Conduct

Quintanilla was convicted of several sex offenses as well as domestic violence offenses against the same victim, a cohabitant. On appeal, he argued that the trial court erred by modifying CALJIC No. 2.50.02, which instructs the jury on the inference…

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Name: People v. Long
Case #: C046360
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 02/10/2005
Subsequent History: 6/8/05: revw den.
  • Categories: By CALJIC Number, Evidence, Expert Witness, Jury Instructions, Similars/Character/Conduct

The court did not err in refusing to instruct the jury regarding witness credibility under CALJIC 2.20 where the evidence offered to discredit the witness was not character evidence but evidence regarding the witness’s alleged mental illness. An expert witness…

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Name: People v. Rucker
Case #: D043159
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 11/29/2004
Subsequent History: 5/18/05: Rev den.
  • Categories: Admitting/Excluding, Evidence, Similars/Character/Conduct

A trial court properly admitted evidence of a defendant's prior incident of domestic violence in a current prosecution for shooting a different ex-boyfriend. The defendant was convicted of attempted murder with personal use of a firearm and great bodily injury…

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Name: People v. Earley
Case #: E033600
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 08/31/2004
Subsequent History: 11/10/04 Rev. den.
  • Categories: By Prosecutor, Closing Argument, Constitutional Rights, Evidence, Misconduct, Presentation of Evidence, Right to Jury Trial, Sentencing, Similars/Character/Conduct, Trial Proceedings

The trial court did not abuse its discretion in denying defendant’s motion to reopen evidence, and defendant was not deprived of his constitutional right to testify on his own behalf. The defendant here was charged with possession of marijuana for…

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Name: People v. Price
Case #: A101668
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 06/30/2004
Subsequent History: 10/13/04: Revw. denied
  • Categories: Areas Constitutional Law, Confront/Cross-exam, Evidence, Hearsay, Pronouncement, Sentencing, Similars/Character/Conduct

Crawford v. Washington (2004) 124 S.Ct. 1354 does not preclude admission of an out-of-court statement by a witness where the witness was available for cross-examination and was, in fact, cross-examined on the subject of her out-of-court statements. Here, the complaining…

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Name: People v. Medina
Case #: D041113
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/20/2003
Subsequent History: Rehrg. den. 1/16/04; Rev. den. 3/24/04
  • Categories: Evidence, Similars/Character/Conduct

Both prior and subsequent acts may constitute relevant evidence of a person's character, and therefore may be admitted under section 1108. In appellant's trial for forcible sex offenses, the court admitted evidence of uncharged sex offenses which were committed after…

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Name: People v. Stern
Case #: B158338
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 08/14/2003
Subsequent History: None
  • Categories: Evidence, Similars/Character/Conduct

In the current case, defendant was charged with criminally threatening the victim, by threatening by phone to kill him and make him watch as defendant slit the victim's mother's throat. Defendant said he had stabbed someone a few days earlier.…

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Name: People v. Burnett
Case #: H023393
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 07/22/2003
Subsequent History: Rehrg. den. 8/19/03
  • Categories: Crimes, Criminal Negligence, Evidence, Similars/Character/Conduct

"Incensed that the driver behind him tapped his car with her bumper, defendant [Burnett], snatched her little white dog Leo out of her car and threw him onto a crowded roadway where he was run over by a minivan and…

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