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People v. Harris
California Court of Appeal
2012 WL 1651015 (2012)
- Written by Rose VanHofwegen, JD
Facts
Shawn Michael Harris (defendant) threatened, hit, held down, choked, or sexually assaulted his wife, C.H., multiple times over the 10 years of their marriage. Ultimately she tape-recorded him forcing her to choose between performing oral or anal sex and pressed criminal charges. Harris claimed the two were just role-playing and denied the earlier acts of violence and sexual assault. After listening to C.H. protest some 50 times on the tape, the jury convicted Harris of forcible oral copulation, but deadlocked on sodomy by force and spousal rape. Harris appealed, claiming the prior-acts evidence unduly prejudiced the jury.
Rule of Law
Issue
Holding and Reasoning (O’Rourke, J.)
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