Is a defendant's statement that he had raped and killed before the crime relevant?

California, United States of America


The following excerpt is from People v. HOVARTER, 189 P.3d 300, 44 Cal.4th 983, 81 Cal.Rptr.3d 299 (Cal. 2008):

he knew what he was doing suggested he had raped and killed before, it was relevant and thus admissible to show his state of mind. (See People v. Gurule (2002) 28 Cal.4th 557, 652, 123 Cal.Rptr.2d 345, 51 P.3d 224 [defendant's statement that he had killed before admissible to show his state of mind in forming the plan to commit the crimes].) Its weight was for the jury to determine.

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