California, United States of America
The following excerpt is from People v. Mendez, G056156 (Cal. App. 2019):
The evidence also did not create a substantial danger of undue prejudice. As the trial court noted, the propensity evidence was no more inflammatory than the charged incidents. Moreover, the presentation of the evidence took minimal court time (just minutes out of a 10-day trial), and there is no indication it confused or mislead the jury. To the contrary, the court gave a limiting instruction, CALCRIM No. 852, to curb any potential inflammatory effect of the propensity evidence, and the jury is presumed to have followed this instruction. (People v. Delgado (1993) 5 Cal.4th 312, 331.) Finally, in her closing argument, the prosecutor reminded the jury the early March 2015 episode
Page 14
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.