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News from the Director

Recent Victory Highlights
June 10, 2009

This month's highlights from our victory blog include a reversal for the improper restriction of voir dire questioning by defense counsel and two appellate reversals of sex offense convictions.

In People v. Jerome, no. A119737, the Court of Appeal held that the trial court erroneously prohibited defense counsel from asking potential jurors about their ability to follow the judge’s instructions about the limited purpose for which uncharged prior acts evidence (Evid. Code, § 1101, subd. (b)) would be admitted. Applying the federal Chapman harmless error standard, the Court of Appeal reversed the defendant’s convictions and sentence and remanded for a new trial. Our victory blog post on Jerome, which includes a link to the opinion, is here.

In People v. Dyke, no. A117955, the Court of Appeal reversed the defendant’s conviction for sending or exhibiting harmful matter to a minor under Penal Code section 288.2, subdivision (a), finding a lack of substantial evidence that the television programming the defendant showed to the minor while flipping through channels was “harmful matter.” Our victory blog post on Dyke, which includes a link to the opinion, is here.

In People v. Ogle, no. A120774, the Court of Appeal reversed one of the defendant’s convictions for possession of child pornography and another for attempted possession of child pornography because each of the separately charged acts, while involving different minors at different times, were recorded on the same videotape. Our victory blog post on Ogle, which includes a link to the opinion, is here.

There are many victories posted on the victory blog, where you can peruse them all, or use the blog search engine to look for reversals in specific areas of law.

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