California, United States of America
The following excerpt is from People v. Haff, C076319 (Cal. App. 2016):
Evidence Code section 1109 allows evidence of prior acts of domestic violence to be admitted to show a defendant's propensity to commit such acts. (Evid. Code, 1109, subd. (a)(1).) A trial court's admission of evidence of prior acts of domestic violence will not be disturbed on appeal absent an abuse of discretion. (People v. Poplar (1999) 70 Cal.App.4th 1129, 1138.) Defendant contends the trial court abused its discretion by indiscriminately allowing evidence of multiple acts of domestic violence against one of his former partners that were dissimilar to the manner in which he pummeled the victim in this case. He asserts that because admission of the prior episodes was far more prejudicial than probative, the trial court's abuse of discretion amounted to a denial of due process. We can find no abuse of discretion and no denial of due process.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.