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

California, United States of America


The following excerpt is from The People v. Etal, B216298, No. SA066614 (Cal. App. 2011):

Evidence Code section 1101, subdivision (b) expressly carves out an exception to this rule.7 It provides that such evidence is admissible if it is relevant to an issue other than disposition to commit the act, such as intent, identity or plan. Admissibility of other crimes evidence depends upon (1) the materiality of the facts sought to be proved, (2) the tendency of the uncharged crime to prove those facts (relevance), and (3) any policy requiring exclusion, such as Evidence Code section 352. (People v. Carpenter (1997) 15 Cal.4th 312, 378-379; see also People v. Ewoldt (1994) 7 Cal.4th 380, 404 ["[T]o be admissible such evidence [of other misconduct] 'must not contravene other policies limiting admission, such as those contained in Evidence Code section 352. [Citations.]'"].)

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