Are prior acts of domestic violence admissible in a murder prosecution?

California, United States of America

The following excerpt is from People v. Brown, 11 Cal. Daily Op. Serv. 2416, 121 Cal.Rptr.3d 828, 192 Cal.App.4th 1222, 2011 Daily Journal D.A.R. 2 (Cal. App. 2011):

Defendant acknowledges the statutory definitions contained within section 1109, but still asserts that prior acts of domestic violence are not admissible in a murder prosecution because murder is not listed as a crime involving domestic violence in either section 1109, Penal Code section 13700, or Family Code section 6211. Defendant relies on People v. Walker (2006) 139 Cal.App.4th 782, 43 Cal.Rptr.3d 257 ( Walker ) and People v. Story (2009) 45 Cal.4th 1282, 91 Cal.Rptr.3d 709, 204 P.3d 306 ( Story ) in further support of these arguments.

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Are prior acts of domestic violence admissible in a murder prosecution?

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