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

California, United States of America


The following excerpt is from People v. Haro, B261992 (Cal. App. 2017):

Evidence Code section 1101, subdivision (a), states that, as a general rule, "evidence of a person's character or a trait of his or her character (whether in the form of an opinion, evidence of reputation, or evidence of specific instances of his or her conduct) is inadmissible when offered to prove his or her conduct on a specified occasion," but there are several statutory exceptions to this rule. Evidence Code section 1101, subdivision (b), sets forth exceptions to this rule. It states, "Nothing in this section prohibits the admission of evidence that a person committed a crime, civil wrong, or other act when relevant to prove some fact (such as motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake or accident . . .) other than his or her disposition to commit such an act." Evidence Code section 1101, subdivision (b), thus allows "admission of evidence of uncharged misconduct when such evidence is relevant to establish some fact other than the person's character or disposition." (People v. Ewoldt (1994) 7 Cal.4th 380, 393, fn. omitted.) Additionally, Evidence Code section 1101, subdivision (c), specifies, "Nothing in this section affects the admissibility of evidence offered to support or attack the credibility of a witness."

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