What is the test for admitting prejudicial evidence in a sexual assault case?

California, United States of America


The following excerpt is from People v. Dellinger, 163 Cal.App.3d 284, 209 Cal.Rptr. 503 (Cal. App. 1984):

"It has frequently been recognized ... that because of the sound reasons behind the general rule of exclusion, the relevancy of evidence of other crimes, and therefore its admissibility, must be examined with care. [Citation.] The evidence should be received with 'extreme caution,' and if its connection with the crime charged is not clearly perceived, the doubt should be resolved in favor of the accused. [Citations.]" (People v. Guerrero, supra, 16 Cal.3d at p. 724, 129 Cal.Rptr. 166, 548 P.2d 366.) The trial court failed to resolve any doubts in favor of the accused and abused its discretion under Evidence Code section 352 by admitting the evidence which was substantially more prejudicial than probative. (People v. Gibson, supra, 56 Cal.App.3d 119, 131, 128 Cal.Rptr. 302.)

B. The Victim's Fractured Leg

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