Is prejudicial evidence in a criminal case admissible?

California, United States of America


The following excerpt is from People v. Washington, F074558 (Cal. App. 2019):

Such evidence " 'is so prejudicial that its admission requires extremely careful analysis. [Citations.]' [Citations.] 'Since "substantial prejudicial effect [is] inherent in [such] evidence," uncharged offenses are admissible only if they have substantial probative value.' [Citation.]" (People v. Ewoldt, supra, 7 Cal.4th at p. 404.) "Because this type of evidence can be so damaging, '[i]f the connection between the [prior act evidence] and the ultimate fact in dispute is not clear, the evidence should be excluded.' [Citation.]" (People v. Daniels, supra, 52 Cal.3d at p. 856; People v. Fuiava, supra, 53 Cal.4th at pp. 667-668.)

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