What is the test for admitting evidence of uncharged misconduct for abuse of power?

California, United States of America


The following excerpt is from People v. Belant, A125786 (Cal. App. 2011):

accident." (Evid. Code, 1101, subd. (b).) "There is an additional requirement for the admissibility of evidence of uncharged [misconduct]: The probative value of the uncharged offense evidence must be substantial and must not be largely outweighed by the probability that its admission would create a serious danger of undue prejudice, of confusing the issues, or of misleading the jury. [Citation.]." (People v. Kipp (1998) 18 Cal.4th 349, 371.) We review the trial court's decision to admit evidence of uncharged misconduct for abuse of discretion. (Id. at pp. 369, 371.) "A court abuses its discretion when its ruling 'falls outside the bounds of reason.' [Citation.]" (Id. at p. 371.)

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