Can a defendant rely on a finding that he and Sh. had a hostile relationship with the complaining witness's father?

California, United States of America


The following excerpt is from People v. Moore, B237493 (Cal. App. 2012):

Defendant's reliance on People v. Haxby (1962) 204 Cal.App.2d 791 (Haxby), for a contrary result is misplaced. In that case, the defendant's conviction for committing lewd acts upon a neighborhood child was reversed based on a finding that the trial court had erroneously excluded evidence that the complaining witness's father and the defendant had a hostile relationship. (Id. at p. 796.) Haxby is inapposite because, here, defendant was allowed to introduce evidence that he and Sh. had a hostile relationship at the time the girls made their accusations.

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