California, United States of America
The following excerpt is from People v. Brown, B300031 (Cal. App. 2020):
"The admission of relevant evidence will not offend due process unless the evidence is so prejudicial as to render the defendant's trial fundamentally unfair." (People v. Falsetta (1999) 21 Cal.4th 903, 913.) Under Evidence Code section 1108, a court may admit propensity evidence of a sexual offense if it "is not inadmissible pursuant to [Evidence Code s]ection 352." (Id., subd. (a).) Thus, " '[t]he evidence is presumed admissible and is to be excluded only if its prejudicial effect substantially outweighs its probative value in showing the defendant's disposition to commit the charged sex offense or other relevant matters.' [Citation.]" (People v. Williams (2016) 1 Cal.5th 1166, 1196.)
" ' "In applying [Evidence Code] section 352, 'prejudicial' is not synonymous with 'damaging.' " ' " (People v. Hollie (2010) 180 Cal.App.4th 1262, 1276.) " ' "Undue prejudice" refers not to evidence that proves guilt, but to evidence that prompts an emotional reaction against the defendant and tends to cause the trier of fact to decide the case on an improper basis.' " (Id. at. pp. 1276-1277.)
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We review the admission of evidence under Evidence Code section 1108 for an abuse of discretion. (People v. Williams, supra, 1 Cal.5th at pp. 1196-1197.)
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