California, United States of America
The following excerpt is from People v. Prince, A142986 (Cal. App. 2018):
3. Defendant requests that we take judicial notice of the unpublished parts of People v. Dillon, supra, 174 Cal.App.4th 1367, "to further elucidate the meaning" of a federal district court opinion rejecting some of the unpublished analysis. Because the materials in question do not affect our analysis herein, we deny the request for judicial notice.
4. In his opening brief, defendant makes much of the fact that the instructions on the underlying sex crimes used the phrase "without [the victim's] consent" rather than "against the other person's will." "In the sexual assault context, it is settled that ' "without the victim's consent" ' has the same meaning as ' "against the victim's will." ' " (People v. Robinson (2016) 63 Cal.4th 200, 208.)
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