CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Presumptions & Burden of Proof
......Presumptions: In General
.........Inference Distinguished
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Inference distinguished from presumption.

Explanation of effect of inference once evidence disputing existence of presumed fact is introduced.

Jury instructions did not permit jury to find by a preponderance of the evidence that D committed prior rape nor to infer that he committed the charged murder during rape.

Error to exclude evidence related to Yelp reviews on hearsay and authenticity grounds, depriving Ps of the opportunity to present their defamation case to the jury; error to resolve inferences against Ps.

Inference may be based upon inference.

1999 revised CALJIC No. 2.50.01 adequately states the law under EC 1108.

Trial court not required to draw mandatory inference in favor of jurisdiction and correct in finding Ps did not establish required jurisdict'l facts to support their theories.

That uncharged sex offenses increase evidence of D’s guilt does not reduce DA’s burden of proving guilt beyond reasonable doubt; prior misconduct just another circumstance to be considered.

Prior sexual offenses proved by a preponderance of evidence may be used to infer that D committed current sexual offense if current offense proved beyond reasonable doubt.