P. v. Uwanawich CA4/3
Respondent Eva Uwanawich was charged with abducting her daughter Mariah from her father Joshua. At the preliminary hearing, Eva attempted to elicit evidence Joshua had been physically abusing her before she fled with Mariah. However, the court ruled that evidence was largely irrelevant because Eva failed to establish the foundational requirements for invoking an affirmative defense based on domestic violence. Eva does not dispute she failed to prove those requirements. However, she contends her proffered evidence was relevant to negate malice, an element of the charged offense. Therefore, by refusing to let her explore the issue of domestic violence, the court rendered her preliminary hearing fundamentally unfair. We agree. Finding this refusal violated Eva’s substantial rights, we conclude she was erroneously ordered to stand trial for unlawfully abducting her daughter.
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