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People v. Banos, No. B194272

By FindLaw Staff on October 20, 2009 8:51 AM

Trial court's conviction of defendant for second degree murder of his ex-girlfriend is affirmed where: 1) under Giles II, defendant's out of court statements to police during prior domestic violence investigations were admissible under the forfeiture by wrongdoing exception to the confrontation clause because the defendant killed the witness for the purpose of making her unavailable as a witness at trial; and 2) that defendant may have also had other motives for the killing does not preclude application of the exception. 

Read People v. Banos, No. B194272

Filed October 19, 2009

Judges

Opinion by Judge Rubin

Counsel

For Appellant:  Leslie Conrad

For Appellee:  Edmund G. Brown, Jr., Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Stephanie C. Brenan and Jason Tran, Deputy Attorneys General

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