CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Character and Reputation Evidence
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To Prove Conduct & Prior Bad Acts
.........Inadmissible to Prove Disposition
10 Cards On This Topic:
Evidence insufficient to show D participated in a conspiracy to kill rival gang members where it didn't show he had specific intent to agree to the conspiracy and to commit the killings.
Evidence of other crimes impermissibly admitted as evidence of D's propensity to commit similar crimes.
Evidence of defendant's prior conviction for gun possession improperly admitted in his trial for similar offense where it was not relevant to demonstrate a fact other than character or propensity.
Reversible error to admit gang-type evidence re Ds' motorcycle club where no foundation that club was a gang or crim. enterprise, it was inflammatory and not probative on motive and defense relied only on credibility determinations.
May not attempt to prove conduct on specified occasion with prior instances of conduct unless relevant to prove some fact other than disposition to commit such acts.
Character evidence inadmissible to prove disposition.
Character evidence inadmissible to show D committed crime charged.
May not introduce evidence of drug use to establish inference of propensity to commit crimes in general and drug crimes in particular.
Evidence of defects in same model and year car as one which injured P inadmissible if unrelated to cause of accident.
Admitting "other acts" evidence which is irrelevant and used only to show propensity, violates due process, given emotional nature of evidence and circumstantial basis of case.