What is the test for allowing evidence to be admitted under section 1101 of the Criminal Code?

California, United States of America


The following excerpt is from People v. Mitchell, C080118 (Cal. App. 2017):

Having found the evidence admissible under section 1101, we still must find it admissible under section 352. (People v. Ewoldt (1994) 7 Cal.4th 380, 404.) Section 352 provides that "[t]he court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury."

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