What is the test for having a reasonable chance of success in a sexual assault case?
California, United States of America
The following excerpt is from People v. Benitez, B247640 (Cal. App. 2014):
Not only did defendant have sufficient time to reflect, his calm, deliberate behavior and evidence of planning were "manifestly inconsistent with having acted under the heat of passion." (People v. Wharton (1991) 53 Cal.3d 522, 572.) Defendant's female acquaintances followed the group in a red car in an apparent effort to learn their
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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)
What is the test for establishing a reasonable chance of success in a sexual assault case? (California, United States of America)
What is the relevant case law regarding allegations of sexual assault made against appellant 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 admitting prior sexual assault evidence in a sexual assault case? (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 a photograph of a defendant in a sexual assault case was found to have been taken in the context of an alleged sexual assault, is there any connection to the subsequent verdict of attempted sodomy? (California, United States of America)
In a sexual assault case, is it possible for a defendant to sexually assault two women by touching their genitals? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
Is there any case law or case law in which a defendant has been successful in appealing against his conviction for sexual assault? (California, United States of America)
