What is the test for admitting evidence of misconduct by a defendant in a sexual assault case?

California, United States of America


The following excerpt is from People v. Mayfield, A140801 (Cal. App. 2015):

Generally, evidence of other crimes or misconduct is inadmissible when it is offered to show that a defendant had the criminal disposition or propensity to commit the crimes charged. ( 1101, subd. (a).) However, evidence of other crimes or misconduct by a defendant is admissible if it tends to " 'logically, naturally, and by reasonable inference . . . establish any fact material for the people, or to overcome any material matter sought to be proved by the defense.' " (People v. Peete (1946) 28 Cal.2d 306, 315.) Section 1101, subdivision (b), codifies this exception to the general rule of inadmissibility by providing for the admission of such evidence "when relevant to prove some fact (such as motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake or accident, or whether a defendant in a prosecution for an unlawful sexual act . . . did not reasonably and in good faith believe that the victim consented) other than [the defendant's] disposition to commit such [crimes or bad acts]."

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