What is the test for admitting character evidence in a criminal case?
California, United States of America
The following excerpt is from People v. Dunsmore, D057645, Super. Ct. No. SCS215653 (Cal. App. 2011):
Dunsmore contends the trial court prejudicially erred in admitting this evidence. "On appeal, we review the trial court's rulings on the admissibility of evidence for abuse of discretion." (People v. Scott (2011) 52 Cal.4th 452, 491.) We conclude no abuse of discretion occurred in this case.
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Generally, the trial court may not admit character evidence if it is offered to prove a defendant's criminal disposition. (Evid. Code, 1101, subd. (a).) However, this rule does not affect "the admissibility of evidence offered to support or attack the credibility of a witness." (Evid. Code, 780, 1101, subd. (c).) By choosing to testify, Dunsmore " 'put his own credibility in issue and was subject to impeachment in the same manner as any other witness.' " (People v. Doolin (2009) 45 Cal.4th 390, 438.)
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