What is the test for evidence of prior driving conduct in a second-degree murder case?
MultiRegion, United States of America
The following excerpt is from Bucci v. Busby, No. 2:11-cv-3147 GEB KJN P (E.D. Cal. 2015):
of another intoxicant, by rage, or some other motivator - sensitizes him to the dangerousness of such life-threatening conduct." People v. Ortiz, 109 Cal.App.4th at 112. "Here, the evidence of prior driving conduct was offered to prove an intermediate fact (knowledge that conduct is life threatening) necessary to the establishment of the ultimate fact of implied malice, an element in the charges of second degree murder." Eagles, 133 Cal.App.3d at 340.
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