What is the test for admitting prior acts of domestic violence for abuse of discretion?

California, United States of America


The following excerpt is from People v. Pangus, E067937 (Cal. App. 2018):

We review the court's decision to admit prior acts of domestic violence for abuse of discretion. (People v. Cabrera (2007) 152 Cal.App.4th 695, 704.) Generally, Evidence Code section 11013 makes character or propensity evidence inadmissible to prove the defendant's conduct on a specified occasion. ( 1101, subd. (a).) Section 1109 sets forth an exception: "[I]n a criminal action in which the defendant is accused of an offense involving domestic violence, evidence of the defendant's commission of other domestic violence is not made inadmissible by Section 1101 if the evidence is not inadmissible pursuant to Section 352." ( 1109, subd. (a).)

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