Throughout her testimony, Scott referred to her 1972 appointment book or diary to refresh her recollection as to dates, events, appointments, and various other notations. The validity of such an assumption is akin to a finding of the existence of a preliminary fact. We disagree. FN 16. He The trial court sustained Everett's demurrer to the complaint on the ground that the original action was res judicata on the issue of whether Everett was Dale's father and granted judgment in favor of Everett.
Sheila Scott, 58, of Los Angeles was sentenced to three years' probation last week after entering her plea during the second day of her trial. fn. Dr. Culiner testified that when he measured the height of the fundus (a measurement of the height of the uterus to determine pregnancy) on September 25, 1972, he noted it to be a six-week size, placing the onset of Scott's last menstrual period on or about August 14--seven days later than Scott claimed, and two days prior to the alleged date of conception. Sheila Scott Wilkinson, Actress: Uncaged. Dr. Terasaki stated that in determining the probability of paternity (as opposed to including or excluding the putative father based on genetics from the group of potential fathers which, in this case, was 2.8 percent of the male population) the formula assumes a 50 percent "prior probability of paternity," or a 50 percent probability that the putative father and the mother had intercourse and the child was conceived as a result. Dale still did not provide an instruction on the HLA test results. Instruction A dealt generally with the jury's application of the HLA test results. Attorney General, Norman H. Sokolow and and Andrew D. Amerson, Deputy Attorneys General, William A. Richmond, District Attorney (Tulare), Gary H. Evans and John S. Higgins, Deputy District Attorneys, as Amici Curiae on behalf of Plaintiffs and Appellants. Appellants, supported by the California Attorney General as amicus curiae, contend as follows: 1. (Code Civ. He also testified, however, that if the 50 percent were replaced with a different percentage, the probability-of-paternity results could vary considerably. We find this contention lacking in merit as well. We shall therefore endeavor to provide some guidance to the trial courts in interpreting the requirements of section 892. fn. Dale further argues that this instruction improperly emphasized one part of the evidence in favor of the defendant and that this is cause for reversal. She also testified that she did not engage in sexual intercourse with any other man in 1972. For example, if the disputed preliminary fact is the authenticity of a deed, it hardly seems necessary to instruct the jury to disregard the deed if it should find that the deed is not genuine. [11] Generally, "[t]he giving of conflicting instructions on a material point is error. Sheila Scott, in pro. Early years. Many of the immunologic and biochemical blood tests available to aid in determining paternity are extremely costly and/or can be administered only in a limited number of laboratories around the country; some of the results of such tests may add little to the likelihood of determining that a certain man is not the father. [3] In an Action to Determine the Paternity of a Child, Pursuant to Evidence Code Section 892, fn. The court's response: "You will consider all of the evidence in what ever [sic] order you wish, and you will give it the weight and value you determine it to be worth." Most of the other proffered jury instructions had been submitted before the start of trial on September 25, and none concerning the HLA test results were submitted by Dale at that time. On this flight, she became the first person to fly over the North Pole in a small aircraft.