...Evidentiary Issues
......Prior Similar Acts
10 Cards On This Topic:
  • Evidence of character of criminal D admissible in specific instances.
  • There was sufficient independent evidence that clearly and convincingly corroborated V's allegations under EC 803 (g).
  • D not entitled to bifurcated trial on statute of limitations issue; instructional suggestion offered for future cases.
  • Evidence of similar, uncharged sexual misconduct against other child, if credited by trier of fact, may independently corroborate V's allegation under PC §803 (g) thus permitting prosecution beyond 6-yr. SOL.
  • Evidence of uncharged sexual misconduct properly admitted to corroborate child victim's abuse allegations.
  • Prior uncharged sexual acts properly admitted to show intent towards prosecuting witness, even where D’s intent and identity not at issue.
  • Evidence of similar acts of sexual molestation on minor’s sister by D properly admitted; acts showed common plan or design.
  • Minor properly removed from parent’s custody because of prior sexual molestation of sibling.
  • Evidence of character of victim of crime admissible in specific instances.
  • Evidence of character of victim of crime generally inadmissible in specific sex crimes to prove consent.