Posted On: April 11, 2009
PRIOR SEXUAL OFFENSE EVIDENCE IN MURDER DURING A RAPE
California Evidence Code section 1108 permits admission of prior sex offenses to prove the
propensity of the defendant to commit a currently charged sex offense. The California Supremes here rule that rape-murder and burglary-murder where the burglary is for the purpose of committing rape are sexual offenses, so 1108 evidence is admissible in such prosecutions.
People v. Story; 2009 DJ DAR 5205; DJ, 4/10/09; Cal. Supremes
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