P. v. Higbee CA2/8
Defendant and appellant James David Higbee appeals from his conviction of one count of assault on a child under the age of eight causing coma or paralysis, and one count of child abuse. The victim was defendant’s infant son. Defendant raises multiple arguments on appeal: (1) insufficient evidence demonstrating defendant caused his son’s injuries; (2) the trial court prejudicially erred in admitting propensity evidence under Evidence Code section 1109; (3) the prosecutor committed multiple acts of misconduct; (4) the court failed to instruct on lesser included offenses and failed to instruct on the element of causation; and (5) the court erred in denying his postverdict motion for disclosure of juror information.
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