What is the test for cross-admissibility of evidence in separate criminal cases?

California, United States of America


The following excerpt is from People v. Lopez, B268624 (Cal. App. 2017):

In evaluating the trial court's ruling, the factors to be considered are: "(1) the cross-admissibility of the evidence in separate trials; (2) whether some of the charges are likely to unusually inflame the jury against the defendant; (3) whether a weak case has been joined with a strong case or another weak case so that the total evidence may alter the outcome of some or all of the charges; and (4) whether one of the charges is a capital offense, or the joinder of the charges converts the matter into a capital case." (People v. Mendoza (2000) 24 Cal.4th 130, 161.)

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