What is the test for determining whether a defendant has a propensity to commit acts of domestic violence against his wife?

California, United States of America

The following excerpt is from The People v. Morales, E049424, Super.Ct.No. RIF140414 (Cal. App. 2010):

of the judgment is not required, unless the trial court exercised its discretion in an arbitrary, capricious, or patently absurd manner that resulted in a manifest miscarriage of justice." [Citation.]' [Citations.]" (People v. Lewis (2009) 46 Cal.4th 1255, 1286.)
Evidence that defendant had a propensity to commit acts of domestic violence against his wife was substantially probative. "'In the determination of probabilities of guilt, evidence of character is relevant. [Citations.]' [Citation.] Indeed, the rationale for excluding such evidence is not that it lacks probative value, but that it is too relevant." (People v. Fitch (1997) 55 Cal.App.4th 172, 179.)

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