California Court of Appeal

Following a jury's determination that defendant qualified as a sexually violent predator, the trial court's order committing defendant to the Department of Mental Health for an indeterminate term, is reversed and remanded where the trial court committed prejudicial error in admitting evidence that defendant returned from Thailand on United Airlines flight number 842 because: 1) the evidence had been the subject of a motion in limine, vigorous dispute, and was admitted over defendant's Evidence Code section 352 objection without any section 352 analysis; and 2) even after the true facts revealed that United Airlines did not have such a flight, the evidence remained and was argued.

Appellate Information

• Decided 09/20/2012
• Published 09/20/2012

Judges

• Richman

Court

• California Court of Appeal

Counsel