PEOPLE V. OGLE (2010) 185 CA4th 1138
Defendant was convicted of making criminal threats, disobeying a domestic relations order, and stalking. His prior conviction of stalking was admitted under Evidence Code Section 1109 to show his propensity for those crimes. The Court of appeal held that, Stalking is an act of domestic violence subject to Evidence Code Section 1109 and is therefore admissible to prove propensity in a prosecution for domestic violence. His prior stalking was also admissible under Evidence Code Section 1101 to show intent and the sustained nature of the victim's fear.
PEOPLE V. FREEMAN
2010 CAL. LEXIS 112:
PEOPLE V. HALLER
(2009) 174 CAL. APP.4th 1080:
PEOPLE V. RAMON
(2009) 175 CAL. APP.4th 843:
PEOPLE V. UECKER (2009) 172 CAL APP 4TH 583:
1) Defendant was convicted of stalking two women and sentenced to 50 years in state prison. As to one victim, the evidence showed that after she expressed a lack of interest, the defendant became angry and left a note calling her derogatory names, wrote notes and left them on her car for over seven months and indicated he was going to do whatever it took to get her to go out with him. As to the other victim a real estate agent, he called her under the guise of looking for real estate, continued calling her over 30 times in three weeks, calls became increasingly hostile and demanding, and he indicated that he knew she was aware of his sex offender status. Court of appeal affirmed the verdict holding there was sufficient evidence to support the charges.
PEOPLE V. SELGA (2008) CAL APP LEXIS 588
1) Defendant pled guilty to stalking his
ex-girlfriend. The court issued a criminal
PEOPLE V. MUHAMMAD (2007) 157 CAL APP 4TH 484
1) Defendant had prior
convictions for felony stalking and making criminal threats
2) Held: Although the single stalking offense was charged
in four separate counts, the
3) PC 646.9(b), 646.9(c)(1) and 646.9(c)(2) did not define
a substantive offense but
PEOPLE V. IBARRA (2007) 156 CAL APP 4TH 1174
1) Ordinarily, if several different crimes are
committed by a defendant, all twelve
PEOPLE V. EMMERSON (2007) 155 CAL APP 4TH 1506
1) Civil rights action against deputy
sheriff and the county based on search of
2) Although, the affidavit could have included
more dates and provided more specific
3) Items seized during the search included a spray
can labeled "Envelope X-Ray
PEOPLE V. CORPUZ (2006) 38 CAL APP 4TH 995
2) The phrase used in the statute, "or any
other court order", includes a stay away
3) Judgment by the appellate court that reduced
defendant's felony stalking conviction
PEOPLE V. ZAVALA (2006) 137 CAL APP 4TH 1283
1) No unanimity
instruction to the jury was necessary because the continuing course of
PEOPLE V. JANTZ (2006) 137 CAL APP 4TH 1283
1) Defendant was convicted of first degree
murder w. spec. circ. of lying in wait,
3) If a defendant pleads NGI prior to
trial, he may be examined by both court appointed
4) PC 1368: When a defendant is compelled
to submit to a mental health exam for
5) Unanimity instruction was not required as to criminal
threat (PC422) or stalking
6) A successful NGI relieves the defendant of all criminal
responsibility. The defendant
PEOPLE V. MARKLEY (2006) 138 CAL APP 4TH 230
PEOPLE V. BROWN (2002) 101 CAL APP.4TH313
1) As a condition of probation, the defendant, who was convicted of stalking, was ordered to submit to periodic polygraph examinations at his own expense.
2) The imposition of periodic polygraph examinations in connection with the defendantís stalking therapy program was reasonably related to the crime of which he was convicted and to possible future criminality.
3) However, the questions asked during the polygraph examination must be narrowly tailored to those relating to the successful completion of the therapy program and the crime of which the defendant was convicted.
4) The defendant could not be forced to personally pay for these examinations as a term of probation.
PEOPLE V. MARCHAND (2002) 98 CAL APP.4TH 1056
1) The court upheld the PC 646.9(d) provision
that the defendant had to
2) The trial court was not required to
find beyond a reasonable doubt that the
PEOPLE V. BORELLI (2000) 77 CAL APP 4TH 703
1) Defines term "safety": condition of being safe; freedom from danger or hazard; or quality of being devoid of whatever exposes one to danger or harm.
2) The court refused to limit the term "safety" to mean only physical safety.
PEOPLE V. ANDREWS 75 CA APP 4TH 1173 (SEPT. 1999)
1) Section 76 (5) Ė Stalking a Public Figure: Correlation to 646.9 (compare to Ewing, 76 cal. app. 4th 1999). "Öthe record showed there was sufficient evidence for the jury to rationally infer that the threatened judge did reasonably fear for her safety" vs. Ewing more exacting standard.
PEOPLE V. BUTLER 74 CAL APP 4TH 557 (August, 1999)
1) Judgment ordering commitment affirmed as defendantís conviction for stalking met criteria of a qualifying offense under amended mentally disordered offender law.
2) Upholds broad definition of "force" which includes "implied force".
3) Upholds legislatureís Senate Bill 279 which amends 2962 subdivision (e) (2) (q) to include "a crime in which perpetrator expressly or impliedly threatens another."
SCRIPPS HEALTH V. MARIN 72 CAL APP 4TH324 (1999)
1) Workplace Violence R/O CCP 527.8: Plaintiff (employer) must establish not only that defendant engaged in unlawful violence or made a credible threat of violence, but that great or irreparable harm would result to an employee without issuance of the restraining order. "There must be evidence of future harm."
PEOPLE V. NORMAN (1999) 75 CA4TH 1234
1) The victim (Steven Spielberg) was in Europe during the period of time that the defendant stalked him at his Los Angeles home. The victim found out about the stalking activities several days later after the defendant was arrested.
2) Held: Defendant was properly convicted of
stalking even though the victim's fear was not contemporaneous with the
defendant's threats and harassment.
PEOPLE V. EWING (1999) 76 CA4TH 199
1) Prosecutor must establish more than "scant" evidence of victimís emotional distress.
2) Verdict was overturned because court held element of "harassment" was not proven.
3) Without evidence of the severity, nature, or extent of a victimís emotional distress, the burden of proof is not met.
4) This case was overturned by 2002 amendment to stalking statute. Revised statute eliminated necessity of proving "substantial emotional distress".
PEOPLE V. MC CRAY 58 CA4TH 159 (Oct., 1997)
1) Held: PC 646.9 does not require that the harassment be repeated and a defendant may be convicted of stalking arising out of a single instance of harassment.
2) Harassment does include multiple acts: "a series of acts over a period of time, however short, evidencing a continuity of purpose."
3) Facts: Series of acts occurred within several hours on the same evening Ė defendant called victim numerous times threatening to kill her, indicated on the phone that he knew she had company at the house, came to her door and again threatened to kill her if she didnít let him see the children.
4) Evidence of prior acts of violence by the defendant against the victim were admissible both under 1101 (b) to show motive and intent, and also it was relevant to prove that the victim was reasonably caused to be in fear for her safety by defendantís threats or that the threats would cause a reasonable person to suffer substantial emotional distress.
PEOPLE V. FALCK 52 CA4TH 287 (Jan., 1997)
1) Defendant met and became obsessed with victim in 1982. He was arrested and convicted of trespass and ordered by the court to leave victim alone. In November, 1994, he stopped taking his medication and continued his stalking because the planets told him the time was right to try to get together with the victim. He repeatedly phoned the victim and sent her pornographic pictures.
2) Although defendant stated he had no intention to cause fear in the victim, it could be inferred from the fact that he insisted on maintaining contact with her even though she clearly was attempting to avoid him, and had been warned away by the police, the court and the victimís husband.
3) Term "safety" as used in 646.9 has commonly accepted usage:
1) Condition of being safe; freedom from danger or hazard.
2) Quality of being devoid of whatever exposes one to danger harm.
PEOPLE V. GAMS 52 CA4TH 147 (Jan., 1997)
1) Conviction of 646.9(b) challenged because victim resumed relationship with suspect after restraining order was in effect.
2) PC 13710 Ė the terms and conditions of the protective order remain enforceable, not withstanding the acts of the parties.
3) Court rejects due process argument that might use R/O to entrap the suspect, if suspect believes he is acting in compliance with victimís desire.
4) Describes "learned helplessness" theory woman or man is conditioned to believe that she/he cannot control what happens, and perception becomes reality.
5) Endorses use of expert testimony per PC Section 1107.
6) Operative dates in the information reflected the time period when the victim finally broke off the relationship (even though the restraining order was in effect prior to this occurrence) to the time of suspectís arrest.
PEOPLE V. KELLY 52 CA4TH 568 (Jan., 1997)
1) Defendant was convicted of misdemeanor violation of a restraining order. These violations were part of his stalking conduct. He continued his stalking conduct after his release from jail.
2) Held: PC 646.9 does not define the crime of stalking in terms of a restraining order. The provision relating to restraining orders is merely a punishment enhancement.
3) Information alleged stalking from April 1 Ė Dec. 7, 1994, except for the dates alleged in the R.O. violation.
PEOPLE V. HALGREN 52 CA4TH 1223 (Sept., 1996)
1) When victim told suspect over the phone to leave her alone, he stated, "bitch, you donít know who you are fÖing with. I am going to call you whenever the fÖ I want to, and Iím going to do to you whatever the fÖ I want to".
2) Challenge to definition of "credible threat". Suspect argued that a mere harmless expression of anger or disappointment could subject a person to criminal charges.
3) It is clear that the perpetratorís intent, rather than the definition of the conduct engage in, which triggers the applicability of the statute.
4) 646.9 applies only when there has been a credible threat made with the intent to instill fear for personal safety.
5) Conduct consisted primarily of phone calls.
PEOPLE V. TRAN 47 CA4TH 253 (July, 1996)
1) The term, "no legitimate purpose", is not constitutionally vague.
2) PC 646.9 is sufficiently clear to give notice to suspect.
PEOPLE V. MC CELLAND 42 CA4TH 144 (Jan., 1996)
1) Upholds constitutionality of 1994 law.
2) Victims state of mind (knowing that her husband had firebombed his ex-wifeís house) is relevant. "a reasonable person, aware that defendant had been convicted of attempted murder in burning his former wifeís house, would reasonably fear for her safety upon hearing such a remark".
PEOPLE V. CARRON 37 CA4TH 391 (Aug. 1995)
1) Pre-1994 case.
2) Penal code section 646.9 does not require the intent to carry out the threat.
3) Specific intent is that the suspect intended to place the victim in fear.
PEOPLE V. HEILMAN 25 CA4th 391 (May, 1994)
1) Upholds validity of pre-1994 stalking law.
2) "Repeatedly" means "more than one time".
3) "Harassment" means "multiple acts" course of conduct is a series of acts, over a period of time, however short, evidencing a continuity of purpose.