California, United States of America
The following excerpt is from People v. Schenck, C083124 (Cal. App. 2018):
[potential for prejudice is decreased "when testimony describing the defendant's uncharged acts is no stronger or more inflammatory than the testimony concerning the charged offense"].) Also weighing in favor of admissibility, evidence of the incident at the casino came from an independent sourcethe security guard eyewitness. (People v. Johnson, supra, 185 Cal.App.4th at p. 533 [evidence of prior assaults from independent sources reduces the danger of fabrication].) Finally, nothing in the record suggests the jury would be confused or misled by the prior acts of domestic violence. The evidence of the prior acts was not extensive and the prior acts were sufficiently distinct in time and nature that there was no risk the jury would confuse them with the charged act of domestic violence. (Ibid.) On this record, we find no evidentiary error.3
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.