CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Character and Reputation Evidence
......Impermissible Uses
7 Cards On This Topic:
  • Expert's testimony regarding workplace violence was "profile" evidence of defendant's guilt and amounted to improper character evidence under FRE 404(a)(1).
  • Evidence D's wife experienced abuse as a child, to show 3d party culpability for abuse of child here, properly excluded as improper propensity evidence; abuse here required no specialized techniques and not similar to wife's experience.
  • Evidence of other crimes impermissibly admitted as evidence of D's propensity to commit similar crimes.
  • W's reputation for being dangerous not relevant to D's claim of self-defense where no evidence D knew of W's dangerousness or of his association with murder Vs and W had only seen D once and did not know his name.
  • Court properly found D's offer to stipulate to prior rape in lieu of V's testimony did not show his good character but was self-serving attempt to lessen impact of rape evidence.
  • Error to allow the prosecution to impeach defendant with conduct underlying prior conviction where defendant did not open the door to such impeachment during his direct testimony.
  • Where appearance of judicial bias, unfairness colors entire record, P need not make affirm. showing of prejudice; test whether ct.'s comments would cause reasonable person to doubt ct.'s impartiality or lack confidence in fairness of proceedings.