Propensity Instruction: Due Process Challenge
May 1st, 2014


People v. Villatoro (2012) 54 Cal. 4th 1152, upheld a modified CC 1191 instruction, which stated that all offenses must be proven beyond a reasonable doubt. This instruction did not violate defendant’s due process rights or impermissibly lower the standard of proof even though it did not specifically address the standard of proof to be used to draw inferences from charged offenses. People v. Miramontes (2011) 189 Cal. App. 4th 1085, upheld CC 1191 against a challenge that the admission of propensity evidence violates due process. In so holding, Miramontes relied upon the prior California Supreme Court decision in People v. Reliford (2003) 29 Cal. 4th 1007, 1012-1016.

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