Brown

People v. Brown

Bad Law
1996 Cal. App. LEXIS 91·42 Cal. App. 4th 461·49 Cal. Rptr. 2d 652·96 Daily Journal DAR 1226·96 Cal. Daily Op. Serv. 804
Court of Appeal of CaliforniaFebruary 1, 1996E014125California7,065 words

Opinion

Opinion

Richli, J.

Defendant Charles David Brown was convicted of 20 counts of forcible lewd and lascivious acts (Pen. Code, § 288, subd. (b)) against his stepdaughter, Michelle. He was sentenced to a consecutive middle term of six years for each count.

On appeal, Brown argues: (1) the trial court erred in ruling a statement taken in violation of his Sixth Amendment right to counsel could be used for impeachment; (2) the trial court violated principles of equal protection by failing to grant an additional peremptory challenge; (3) the trial court erred in allowing a detective to testify about indicators of the credibility of child witnesses; (4) the trial court erred in allowing a pediatrician to state her opinion Michelle had been molested; (5) the trial court erred in limiting discovery of a journal prepared by Brown’s wife, Edith; (6) the trial court’s evidentiary rulings denied Brown his rights to confront witnesses and present a defense; (7) the instruction on the definition of a lewd and lascivious act misled the jury; (8) the special instruction on child witnesses violated his due process rights; (9) instructing the jury with CALJIC No. 10.60 unconstitutionally skewed the…

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