Is there any case law where a defendant's prior conviction for sexual assault was not sufficient evidence of implied malice?
California, United States of America
The following excerpt is from People v. Ruiz, G042966, Super. Ct. No. 08ZF0048 (Cal. App. 2011):
the admissions made in conjunction with the prior conviction considered together provide more than substantial evidence of implied malice. Therefore, any error was harmless. (People v. Watson (1956) 46 Cal.2d 818, 836.)
The judgment is affirmed.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there any reason to exclude evidence of sexual assault prior to the trial of defendant in his sexual assault case? (California, United States of America)
In a sexual assault case, is there any evidence that the victim was afraid of defendant prior to the sexual assault in her bedroom or on the living room couch? (California, United States of America)
When reviewing the sufficiency of the evidence to support the conviction of a defendant in a sexual assault case, what is the test for sufficiency? (California, United States of America)
In assessing the sufficiency of the evidence to support a conviction, what is the test for a jury to convict a defendant of sexual assault? (California, United States of America)
Can a defendant appeal against his conviction for sexual assault against the evidence that supports his conviction? (California, United States of America)
What is the test for admissibility of evidence of prior sexual assault in a sexual assault case? (California, United States of America)
When testifying in a sexual assault case, does the use of the word "sex" by the victims constitute sufficient evidence for the purposes of sexual arousal or sexual gratification? (California, United States of America)
What is the test for failing to provide sufficient evidence to convict a defendant in a sexual assault case? (California, United States of America)
What is the test for admitting prior sexual assault evidence in a sexual assault case? (California, United States of America)
Is implied malice permitted a jury to convict a defendant of first degree murder based upon implied malice? (California, United States of America)
