Can a defense motion to exclude uncharged prior act evidence?
California, United States of America
The following excerpt is from People v. Phillips, No. A147719 (Cal. App. 2018):
Later that day, the defense filed a supplemental motion to exclude the uncharged prior act evidence. It contended the evidence was not so similar to the present case as to be admissible to show identity, the only fact in dispute; could not be admitted to prove intent because intent was beyond dispute, citing People v. Lopez (2011) 198 Cal.App.4th 698 (Lopez); and was of "remote probative value" and posed a "substantial risk of undue prejudice" to defendant.
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