(DOWNLOAD) "People V. Brown" by California Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: People V. Brown
- Author : California Court of Appeals
- Release Date : January 01, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Appellant Antoine Maurice Brown was convicted by jury of numerous offenses resulting from his violent assault on his girlfriend during a domestic dispute. Brown noticed this appeal after being sentenced to 23 years in state prison as a "second strike" offender under Californias "Three Strikes" law (Pen. Code, 667, subds. (b)-(i)). In the published portion of this opinion, we consider numerous contentions regarding Evidence Code section 1109, which was enacted in 1996 and allows admission of "evidence of [a] defendants commission of other domestic violence" in a criminal action in which the defendant "is accused of an offense involving domestic violence." Specifically, we consider Browns contention that the admission of his prior acts of domestic violence under section 1109 deprived him of his constitutional right to a fair trial under the due process clause. (U.S. Const., Amends. V, XIV; Cal. Const., art. I, 15.) We also consider Browns argument that the courts instructions regarding this evidence permitted the jury to find him guilty without finding beyond a reasonable doubt that he committed the charged offenses. Finally, we decide whether the trial court should have excluded evidence of his prior acts of domestic violence under section 352, which provides that evidence may not be admitted if its probative value is substantially outweighed by its prejudicial effect.
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