Tag Archives: CC 853

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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