Is a prior act of domestic violence admissible to prove the propensity of a defendant's propensity to murder?

California, United States of America


The following excerpt is from People v. Corpuz, A121199, San Francisco City and County Super. Ct. No. 19507 (Cal. App. 2011):

Under Evidence Code section 1109, a prior act of domestic violence is admissible to prove the defendant's propensity when defendant is charged with an offense involving domestic violence, including that defendant murdered his wife. (See 13700, subd. (b) [domestic violence includes abuse committed against an adult who is a spouse]; People v. Escobar (2000) 82 Cal.App.4th 1085, 1094-1097 [prior domestic violence properly admitted under section 1109 against a defendant charged with murdering his wife].)

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