Does section 1109 of the California Domestic Violence Act, section 352 of the Code of Civil Procedure, provide a "safeguard against the use of other acts of domestic violence"?

California, United States of America


The following excerpt is from People v. Keese, F073539 (Cal. App. 2017):

Section 1109 has a "safeguard against the use of other acts of domestic violence 'where the admission of such evidence could result in a fundamentally unfair trial. Such evidence is still subject to exclusion under section 352.' [Citation.]" (People v. Hoover, supra, 77 Cal.App.4th at p. 1028.) Section 352 is a safety valve that continues to prohibit admission of such evidence whenever its prejudicial impact substantially outweighs its probative value. (People v. Johnson, supra, 185 Cal.App.4th at p. 529.)

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