CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Character and Reputation Evidence
......To Prove Conduct & Prior Bad Acts
.........Admis. When Relv to Prove Fact In Issue
............Penal Code §190.3 (b)
 24 Cards On This Topic:
  • In penalty phase of capital trial, jury shall consider enumerated factors, including D's prior violent bad acts.
  • Evidence of violent juvenile misconduct that would have been a crime if committed by an adult is admissible under PC 190.3(b) and admission passes constitutional muster.
  • In light of admissible penalty evidence of D's prior violent crimes as an adult, harmless error to admit evidence of his bringing BB guns onto campus at age 12.
  • Facts surrounding the D's prowling around mobilehome and frightening young girls supported finding of an implied threat of violence within meaning of PC 190.3, factor (b).
  • Prior violent criminality is obviously relevant to purposes of penalty phase, the reasonable doubt instruction ensures reliability, and the evidence is thus not improperly prejudicial or unfair.
  • No error in admitting evidence of D's unadjudicated rape 15 years before capital trial as evidence of D's criminal conduct involving force or violence.
  • Trial court did not err in not instructing the jury on the elements of unadjudicated crimes offered as circumstances in aggravation.
  • Prior unadjudicated criminal violent criminal activity properly admitted at penalty phase and rational juror could have found essential element of each beyond a reasonable doubt.
  • Although D's opinion as to how drug abuse destroyed his young life relevant and admissible as mitigating evidence, and should not have been excluded as improper expert opinion, error harmless.
  • Trial ct. erred, though harmlessly, to extent it believed neither side could argue D's future dangerousness: DA may do so if based on evidence and defense may argue the opposite.
  • Jury could consider in aggravation that D threatened county jail nurse in violation of PC 71.
  • Giving CALJIC No. 8.87 to consider unadjudicated crim. conduct did not improperly direct verdict as to essential element requiring jury decision, whether or not prior crim. conduct involved express or implied use of force.
  • D's screaming repeatedly he was going to kill Deputy with a shank next chance he got, while Deputy performing his duties, established criminal offense and properly admitted as aggravating factor.
  • Trial court properly admitted D's unadjudicated acts of misconduct in jail and prior juvenile adjudications under PC 190.3 (b).
  • Trial court did not err in admitting evidence of other violent criminal activity by D involving lewd acts committed against his wife's 5-yr. old niece.
  • County jail inmate's possession of detached razor blades violates PC 4574, and evidence of such admissible under section 190.3, factor (b).
  • Habeas relief granted where defense counsel did not present any evidence in mitigation at penalty phase, and jury had no insight into what produced D's violence or drug dependency, nor any basis for exercising compassion.
  • D's rights not violated by penalty phase aggravation evidence of unadjudicated crime for which prosecution would be time-barred.
  • Evidence of violent juvenile conduct that would have been a crime if committed by adult is admissible under Pen. Code 190.3(b).
  • Evidence of D's violent criminal activity occurring subsequent to capital crime admissible as aggravating evidence.
  • At penalty phase, prosecution may rely solely on a judgment of conviction to establish D's involvement in a joint crime of violence and in underlying violent conduct.
  • Evidence of acts violence or threats of violence to property properly admitted where they amounted to implied threats of violence against persons.
  • Details as well as fact of 2d degree murder of 2d wife admissible in death penalty phase for D's murder of 3d wife.
  • Cases discussing various aspects of Pen. Code §190.3 character evidence.


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