P. v. Posey
A jury convicted defendant Michael Scott Posey of murdering his estranged wife by shooting her in the head. (Pen. Code, 187, 12022.5, subd. (a).) Defendant appeals his conviction, and presents numerous claims on appeal. Most of the claims assert that evidence was wrongly admitted. Defendant contends that the trial court erred in admitting evidence relating to: (1) prior instances of defendants misconduct indicating a character for violence; (2) defendants threats to kill his estranged wife; (3) spousal rape; (4) defendants statement that he would kill a wife who made divorce difficult and costly; and (5) expert opinion testimony that defendants account of an accidental shooting is inconsistent with the physical evidence. Defendant also asserts prosecutorial misconduct and ineffective assistance of defense counsel. Court reject these claims and affirm the judgment.
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