Tag Archives: CC 852

Due Process Challenge To Use Of Domestic Violence As Character Evidence
August 31st, 2015

Defense counsel should challenge the admission of domestic violence evidence as character evidence on federal due process grounds. However, even if such evidence is admitted, defense counsel should challenge this CC with respect to the use of such evidence. California case law notwithstanding, this instruction is unintelligible and unconstitutionally reduces the burden of proof. The […]

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Use Of Other Counts In The Charges As Propensity Evidence
August 28th, 2015

People v. Villatoro (2012) 54 Cal. 4th 1152, held that evidence of other sex crimes pursuant to EC § 1108 may be admitted even when the evidence consists of other sex crimes alleged as counts in the charging document. EC § 1108 and EC § 1109, which is the underlying statute for CC 852, are […]

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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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CC 852 Equivalent To CJ 250.02 Re: Other Crimes
March 1st, 2014

  People v. Reyes (2008) 160 Cal. App. 4th 246, 251, noted that CJ 2.50.02 had been upheld numerous times as adequately explaining how the jury should consider other crimes. Reyes concluded that the reasoning of cases upholding the CJ instruction applied equally to CC 852. “In fact [CC 852] is expressed in clearer language […]

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