CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Character and Reputation Evidence
......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.