California, United States of America
The following excerpt is from People v. Erickson, C086023 (Cal. App. 2019):
Here, the trial court acted well within its discretion in admitting evidence of the son's molestation. The evidence was highly probative in that it involved similar conduct with a similarly aged male victim who also lived with defendant. Although that similarity made it undoubtedly damaging to the defense, it was not unduly prejudicial under section 352. (See People v. Powell (2018) 6 Cal.5th 136, 162-163 [prejudice under section 352 refers to evidence that inflames the jury's emotions and motivates them to
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reward or punish based on emotional reaction, not prejudice or damage naturally flowing from relevant, highly probative evidence].)
Further, given its high probative value, it was not unduly remote despite occurring over 20 years ago. (See People v. Branch (2001) 91 Cal.App.4th 274, 284 [evidence of a sex offense committed 30 years earlier was properly admitted].) As noted, there are significant similarities between the prior and the charged offenses, which serves to "balance[] out the remoteness." (People v. Waples (2000) 79 Cal.App.4th 1389, 1395.) And while the son denied the molestation in court, the allegations were supported by recordings and photographs. Hence, the evidence cannot be considered weak.
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