Is there a common plan or design in a murder case?

California, United States of America


The following excerpt is from People v. Scheer, 68 Cal.App.4th 1009, 80 Cal.Rptr.2d 676 (Cal. App. 1998):

The presence of the same motive in both instances may be a contributing factor in finding a common plan or design. (See, e.g., People v. Lisenba (1939) 14 Cal.2d 403, 94 P.2d 569 [murder of two wives, each of whom apparently drowned accidentally, motivated by desire to collect on double-indemnity insurance policy for each wife].) In contrast, the converse is not [68 Cal.App.4th 1021] true. The manner in which the prior misconduct was committed, which is the focus of the common plan or design inquiry, does not give rise to a motive, i.e., incentive or impetus, for commission of the charged crime. A contrary conclusion would be a non sequitur.

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