California, United States of America
The following excerpt is from People v. Brownlee, C085652 (Cal. App. 2019):
Section 1108, subdivision (a) provides: "In a criminal action in which the defendant is accused of a sexual offense, evidence of the defendant's commission of another sexual offense or offenses is not made inadmissible by Section 1101, if the evidence is not inadmissible pursuant to Section 352." Thus, under section 1108, the trial court "may no longer deem 'propensity' evidence unduly prejudicial per se, but must engage in a careful weighing process under section 352." (People v. Falsetta, supra, 21 Cal.4th at pp. 916-917.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.