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1108 evidence allowed in murder during course of uncharged rape

People v Story (2009)  California Supreme Court, S161044, April 9, 2009
Victim is raped and strangled to death in 1976. Def is a suspect, but, apparently not charged.  In 2002, Def is finally charged with offense, although, it is not based on any new science (DNA).  Since 1976, Def makes admissions to various ex-wives and commits [...]

Stalking conviction based on being creepy rather than credible threat

People v. Uecker (2009) , Cal.App.4th   Third Dist. Mar. 24, 2009
Def convicted of 2 stalking counts with prior strikes gets 50-life.  On appeal he complains of insufficiency of evidence, admission of testimony about prior bad acts and failure to grant Romero.   Although no real threat by Def, he was incredibly creepy, and he was bad [...]

1108 - 352 analysis starts with assumption that all qualifying acts are probative

People v. Landaverde (2007) , Cal.App.4th [No. B195340. Second Dist., Div. Four. Nov. 21, 2007
Def convicted of 288.5 - continuous sex abuse - Def admits many acts in taped interview - Court also allows 1108 evid in thru family 15 yr old friend - Def also admitted to conduct involving this friend - Def sent [...]

PX testimony of absent out of state sex victim not admissible without showing diligence-including taking victim into custody

People v. Cogswell (2007) , Cal.App.4th [No. D049038. Fourth Dist., Div. One. Oct. 31, 2007
Def convicted of multiple sex/rape offenses against single victim. Gets 100 plus year sentence.  Case is reversed!!!.  Trial court admits prelim testimony of absent victim after showing of diligence. Here DA gets out of court sub and even tenders costs/fees.  Witness [...]

Multi count kiddie porn should be single count-right to counsel waived by conduct

People v. Hertzig (2007) , Cal.App.4th [No. C053674. Third Dist. Oct. 24, 2007
Defendant represents self in multi-count, multi-victim molest.  Court concludes that 10 additional counts of kiddie porn did not need to be severed, however, the Court concludes that they should have been a single count since they were all on one computer.  Court also [...]