California Supreme Court
People v. Dworak
July 15, 2021281 Cal. Rptr. 3d 176
Summary
The California Supreme Court affirmed the trial court’s judgment, holding that the trial court did not abuse its discretion in excluding third‑party culpability evidence, victim character evidence, and a booking photograph, and that the admission of prosecution photographs and prior sexual offense evidence was proper. The Court also found the alleged instructional and prosecutorial errors harmless.
Holding
- Whether the trial court erred in excluding evidence of third‑party culpability (the jeans and Danny Carroll evidence).. The trial court did not abuse its discretion in excluding the third‑party culpability evidence; the exclusion is affirmed.
- Whether the trial court erred in excluding victim character evidence relating to Hamilton’s drug use and associates.. The trial court did not abuse its discretion in excluding the victim character evidence; the exclusion is affirmed.
- Whether the trial court erred in admitting prosecution photographs of Hamilton and excluding a booking photograph.. The trial court properly admitted the three prosecution photographs and correctly excluded the booking photograph; the rulings are affirmed.
- Whether the trial court erred in admitting Dworak’s prior sexual offense convictions under Evidence Code § 1108 and the related jury instruction.. The admission of prior sexual offense evidence was proper and the jury instruction, though broader than necessary, was not prejudicial; the rulings are affirmed.
Docket S135272
Cited authorities
- CA 95945
- CA 90013
- Code section 352