Tag Archives: CC 1191

CC 1191 Is Anomalous and Confusing When Evidence of the Uncharged Offense Consists Solely of the Victim’s Testimony
March 9th, 2018

The concurring opinion of Justice Perren in People v. Gonzales (2017) 16 Cal. App. 5th 494, 505-07 identified a serious problem with CC 1191 when the “the proffered evidence of the uncharged offenses consists solely of the victim’s testimony.” (Id. at 507.) The problem results from anomalous language in the instruction which allows the jurors […]

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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 […]

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CC 852 Comparable To CC 1191
March 10th, 2014

  People v. Johnson (2008) 164 Cal. App. 4th 731, 739, observed that CC 852 tracks the language of EC § 1109 in the same way that CC 1191 tracks the language of EC § 1108 regarding evidence of uncharged sex offenses. Therefore, because CC 1191 does not undermine the People’s burden of proving the […]

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