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

California, United States of America


The following excerpt is from People v. Van Druten, D074689 (Cal. App. 2019):

The trial court granted the prosecution's request to admit the evidence under Evidence Code section 1108, concluding the evidence was not inadmissible under Evidence Code section 352. The court found the uncharged conduct was similar to the charged offenses, and the evidence would not be unduly time consuming or likely to confuse or mislead the jury. The court acknowledged the event was remote in time, but, citing People v. Waples, concluded it was not too remote.8 The court found the uncharged conduct was not more inflammatory than the charged offenses, and concluded admitting the evidence would not be an undue burden on Van Druten.

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