Does the Attorney General have any grounds to argue that a spiral fracture in the lower back of a child was relevant to the theory of felony child endangering?

California, United States of America


The following excerpt is from People v. Dellinger, 163 Cal.App.3d 284, 209 Cal.Rptr. 503 (Cal. App. 1984):

The Attorney General maintains the injury was relevant to Dellinger's mental state in relation to the theory of murder in the commission of felony child endangering. The spiral fracture undoubtedly is relevant to a finding that Jaclyn was abused before her death. However, there is no evidence that Dellinger brutally twisted Jaclyn's leg until it broke. "Evidence of other similar crimes linked to no one at all is clearly inadmissible to prove any element of the crime charged against a defendant, even though the crime occurred within reasonable proximity of time and [163 Cal.App.3d 299] place. [Citations.]" (People v. Jackson (1967) 254 Cal.App.2d 655, 658, 62 Cal.Rptr. 208.) Since someone other than Dellinger may have injured the child and the chance of prejudice was so great, the trial court abused its discretion by admitting the evidence of the fracture.

C. The Handprint-Shaped Bruise on the Lower Back

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