What is the test for admitting evidence of criminal misconduct in a criminal case?

California, United States of America


The following excerpt is from People v. Little, B259209 (Cal. App. 2017):

the evidence should be excluded." [Citation.]' [Citation.]" (People v. Hawkins (1995) 10 Cal.4th 920, 951, disapproved on another ground in People v. Lasko (2000) 23 Cal.4th 101, 110.)

The admission of other crimes evidence is governed by Evidence Code section 1101. "Subdivision (a) of section 1101 prohibits admission of evidence of a person's character, including evidence of character in the form of specific instances of uncharged misconduct, to prove the conduct of that person on a specified occasion. Subdivision (b) of section 1101 clarifies, however, that this rule does not prohibit admission of evidence of uncharged misconduct when such evidence is relevant to establish some fact other than the person's character or disposition." (People v. Ewoldt (1994) 7 Cal.4th 380, 393, fn. omitted.) Subdivision (b) of section 1101 provides, in pertinent part, that "[n]othing in this section prohibits the admission of evidence that a person committed a crime . . . when relevant to prove some fact . . . such as motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake or accident."

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