What is the test for establishing a common design or plan?

California, United States of America


The following excerpt is from People v. Smith, A139230 (Cal. App. 2016):

To be admissible "to prove the existence of a common design or plan[,] . . . evidence of uncharged misconduct must demonstrate 'not merely a similarity in the results, but such a concurrence of common features that the various acts are naturally to be explained as caused by a general plan of which they are the individual manifestations.' " (People v. Ewoldt (1994) 7 Cal.4th 380, 402.) Although "the common

Page 32

Other Questions


When a judge refers to "common sense, common-sense, popular parlance" or "common-sense", does this mean that the judge must be able to rely solely on common sense or common- sense? (California, United States of America)
What is the test for establishing a common design or plan? (California, United States of America)
How does the prosecution in a civil case establish that there is a connection between a group of individuals with a common name, common identifying symbols and a common enemy? (California, United States of America)
What is the test for establishing that a common design or plan is a greater degree of similarity than an uncharged misconduct allegation? (California, United States of America)
What is the test for establishing a common design or plan? (California, United States of America)
Is a jury allowed to consider uncharged acts for the purpose of establishing identity, intent, motive, and common design or plan? (California, United States of America)
What is the test for establishing that a person has a common name and common identifying sign or symbol? (California, United States of America)
What is the test for establishing a common plan and identity? (California, United States of America)
What is the test for establishing a defendant's intent and common plan or scheme? (California, United States of America)
How have courts treated evidence of a common design or plan in a criminal case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.