What is the test for admissible character evidence in a criminal case?

California, United States of America


The following excerpt is from The People v. Appling, A123592, A123594, Super. Ct. No. VCR187707, Super. Ct. No. VCR187708 (Cal. App. 2010):

Evidence Code section 1101, subdivision (a) provides that character evidence, including specific instances of prior misconduct, is generally inadmissible to show disposition to commit a crime. But subdivision (b) provides an exception when the misconduct is relevant to show motive, opportunity, intent, preparation, plan, knowledge, identity, and absence of mistake or accident. (See People v. Ewoldt (1994) 7 Cal.4th 380, 393.) "There is an additional requirement for the admissibility of evidence of uncharged crimes: The probative value of the uncharged offense evidence must be substantial and must not be largely outweighed by the probability that its admission would create a serious danger of undue prejudice, of confusing the issues, or of misleading the jury.

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