What is the test for admitting evidence of domestic violence committed by a defendant under section 1109 of the California Criminal Code?
California, United States of America
The following excerpt is from People v. Morales, D069286 (Cal. App. 2016):
Section 1109 generally authorizes the admission of evidence of a defendant's commission of other acts of domestic violence in a criminal action in which the defendant is charged with an offense involving domestic violence. (People v. Poplar (1999) 70
Page 16
Cal.App.4th 1129, 1138.) Specifically, subdivision (a)(1) of section 1109 (hereafter section 1109(a)(1)) provides (with exceptions not applicable here):
"The most advanced legal research software ever built."
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.
Other Questions
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Is evidence of domestic violence committed by the Defendant against the Defendant not inadmissible under section 1101 of the California Evidence Code? (California, United States of America)
Does section 654, subdivision (a) of the California Criminal Code, Section 654 of the Criminal Code protect a defendant against prosecution for an act or omission committed during a course of conduct deemed to be indivisible in time? (California, United States of America)
Does a Defendant who commits an assault with a firearm under section 245, subdivision (a)(1) of the California Criminal Code commit assault with the deadly weapon under Section 245 of the Civil Code? (California, United States of America)
When a defendant is accused of a sexual offence in a criminal action in which he is also accused of another sexual offence, is evidence of his disposition to commit such crimes considered to be inadmissible under California Evidence Code section 1108? (California, United States of America)
Does section 1109 of the California Domestic Violence Act, section 352 of the Code of Civil Procedure, provide a "safeguard against the use of other acts of domestic violence"? (California, United States of America)
What is the standard for a jury to consider an allegation of domestic violence against a defendant who has not been charged with domestic violence under the California Evidence Code? (California, United States of America)
Can a defendant be punished under section 654(1) of the California Criminal Code for failing to comply with the requirements of Section 654 of the Criminal Code? (California, United States of America)
Does the Court have authority to exclude evidence where a defendant has been found to be contrary to the evidence code under section 352 of the California Evidence Code? (California, United States of America)
