What is the test for admissible evidence in a sexual assault case?
California, United States of America
The following excerpt is from The People v. Manai, A120316, No. 199518 (Cal. App. 2010):
by Section 1101, if the evidence is not inadmissible pursuant to Section 352." ( 1108, subd. (a).) The statute does not violate the due process guarantees of the federal and California constitutions because of its safeguards that the defendant must receive pretrial notice of the prosecution's intent to use such evidence and the evidence must be admissible under section 352. (People v. Falsetta (1999) 21 Cal.4th 903, 915-917.)
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