Does section 1108 of the California Evidence Code bar "propensity evidence" from being considered unduly prejudicial to the defense?
California, United States of America
The following excerpt is from People v. Macalingay, E061746 (Cal. App. 2015):
Evidence Code "section 1108 'implicitly abrogates prior decisions . . . indicating that "propensity" evidence is per se unduly prejudicial to the defense.' [Citation.]" (People v. Villatoro (2012) 54 Cal.4th 1152, 1160.)
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