California, United States of America
The following excerpt is from People v. Hopkins, 2d Crim. No. B251270 (Cal. App. 2015):
The trial court also did not abuse its discretion in admitting evidence of the hallway incidents under section 1108. "In a case in which a defendant is accused of a sexual offense, Evidence Code section 1108 authorizes the admission of evidence of a prior sexual offense to establish the defendant's propensity to commit a sexual offense, subject to exclusion under Evidence Code section 352. [Citations.]" (People v. Lewis (2009) 46 Cal.4th 1255, 1286.) Section 352 provides: "The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will . . . create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury."
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