What is the test for establishing identity as a defendant in a criminal case?
California, United States of America
The following excerpt is from People v. Hall, B199229 (Cal. App. 6/16/2008), B199229 (Cal. App. 2008):
"The greatest degree of similarity is required for evidence of uncharged misconduct to be relevant to prove identity. For identity to be established, the uncharged misconduct and the charged offense must share common features that are sufficiently distinctive so as to support the inference that the same person committed both acts." (People v. Ewoldt (1994) 7 Cal.4th 380, 403.)
"The most advanced legal research software ever built."
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.
Other Questions
What is the test for establishing that a defendant has committed a criminal offence against a defendant in a criminal case? (California, United States of America)
Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)
What is the test for establishing intent in a criminal case when a defendant has committed an uncharged act of violence against another defendant? (California, United States of America)
Is a parent, relative, or co-habitant of a defendant in a criminal case outside the scope of marital privilege in criminal cases? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
Does Section 1385 of the California Criminal Code apply to a defendant in a case where there is evidence that the prosecution of defendants was inappropriate? (California, United States of America)
Is there any case law where a properly instructed jury would have acquitted defendant of criminal threat but convicted her of making criminal threat? (California, United States of America)
Is there any case law in which a defendant has been found to be in breach of the criminal code by failing to comply with the statutory requirement that a pattern of criminal gang activity be gang related? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
Is there any case law or case law that would have changed the disposition of a defendant in a civil case? (California, United States of America)
