Review Granted in People v. Gray

The California Supreme Court has granted review of People v. Gray (S197749) (See, "But I'm Innocent, I Tell You," posted Sept. 28, 2011) and has deferred further action pending the Court's resolution of a related issue in People v. Shockley (S189462).  The "related issue" is the question of whether battery is a lesser included offense to a violation of Penal Code §288 (lewd act on a child under the age of 14).  Gray also discussed the concept of the admissibility of evidence offered to show a consciousness of innocence.