People v. Brown

BROWN, J., Dissenting.

We granted review in this case to resolve a conflict in the Courts of Appeal concerning the admissibility of battered women’s syndrome (BWS) testimony pursuant to Evidence Code section 11071 in the absence of evidence of a prior incident of domestic violence. *909(Compare People v. Williams (2000) 78 Cal.App,4th 1118 [93 Cal.Rptr.2d 356], with People v. Gomez (1999) 72 Cal.App.4th 405 [85 Cal.Rptr.2d 101].) Rather than confront this question directly, the majority holds that the testimony in this case was, in any event, admissible under the more general provisions of section…