California, United States of America
The following excerpt is from People v. Kelso, A147691 (Cal. App. 2018):
"Evidence that a person committed a crime, civil wrong, or other act may be admitted [ ] not to prove a person's predisposition to commit such an act, but rather to prove some other material fact, such as that person's intent or motive." (People v. McCurdy (2014) 59 Cal.4th 1063, 1095, citing Evid. Code, 1101, subd. (b).) Even when relevant, evidence of other acts may be excluded "if its probative value is substantially outweighed by the probability that its admission will be unduly prejudicial." People v. McCurdy, supra, 59 Cal.4th at p. 1095, citing Evid. Code, 352.) " 'Prejudice', as used in Evidence Code section 352, is not synonymous with damaging. [Citation.] Rather, it refers to evidence that uniquely tends to evoke an emotional bias against the defendant as an individual, and has little to do with the legal issues raised in the trial." (People v. McCurdy, supra, 59 Cal.4th at p. 1095.)
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