People v. Dougherty CA3

BACKGROUND

M. and her younger sister, S., 2 had an unstable and difficult childhood. 3 They originally lived with both their mother, Mo., and their father, T., in Sacramento. Their father, however, was often in jail, and domestic violence plagued their parents’ relationship. When M. was about six years old and S. was about five years old, their parents separated. M. and S. lived with Mo. and a couple of her subsequent boyfriends. Around April 2009, Mo. sent M. and S. to live with their paternal grandmother in Indiana. Although they were only supposed to visit for the summer, Mo. left the girls there without explanation. They lived with their grandmother in Indiana for about five years with little to no contact with either their mother or their father. M. was upset that she never heard from her mother because she “just wanted a normal family”; she did not think her mother wanted them.

People v. Kelly (1976) 17 Cal.3d 24; Frye v. United States (D.C. Cir. 1923) 293 F. 1013. M. was born in March 2001 and S. was born in September 2002. They also had an older brother, A.

2 When M. was about 12 years old, her father was released from jail and moved to Indiana…