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State Courts -
California - January 22, 2008
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People v. Gill, C051108,
COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, January 22, 2008, Filed
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Overview: Defendant who broke into family home and attacked his wife was properly convicted of residential burglary under Pen. Code, ? 459; by voluntarily leaving home, giving up his keys, and heeding victim's directives to stay out of the home, he waived his unconditional right to enter home, and danger had arisen from his mere entry into his former home.
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People v. Morton, G036413,
COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, January 22, 2008, Filed
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Overview: Evidence of a prior uncharged incident of domestic violence involving acts similar to those described in the current charges was properly admitted under Evid. Code, ? 1109, subd. (a)(1), because it was indicative of a common plan or design, was independent of the charged crimes, and was not more prejudicial than probative under Evid. Code, ? 352.
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People v. Williams, A116295,
COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, January 22, 2008, Filed
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Overview: In a case in which defendant was convicted of, inter alia, misdemeanor elder abuse, the admission of evidence, pursuant to Evid. Code, ? 1109, subd. (a)(2), that defendant had committed two previous attacks on older men did not violate defendant's right to due process.
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