CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Character and Reputation Evidence
......To Prove Conduct & Prior Bad Acts
.........Admissible to Show Similarity
10 Cards On This Topic:
  • Trial ct. did not abuse discretion when it admitted evidence of D's uncharged sex offenses, similar to charged offense, to show he was disposed to committing violent sex crimes.
  • Evidence of D's prior violent robbery properly admitted under EC 352 and 1101(a) where, even if crime itself not similar to V's murder, there were significant similarities in D's behavior ••before and after•• both crimes.
  • W testimony re D's following her was highly similar to perpetrator's stalking in other charged crimes, thus relevant to identity and common scheme or plan.
  • Stolen credit cards in Crown Royal bags, both connected to D, are distinctive enough "signature" to support inference he committed both charged and uncharged acts.
  • No abuse of discretion and no constitutional violation in admitting uncharged crimes evidence similar to charged crime.
  • DA allowed to introduce D's testimony re shooting 2 days after capital crime to show D's versions of shootings suspiciously similar and not credible.
  • McKinney does not bar the use of sexual misconduct evidence to establish a defendant's propensity to commit such crimes.
  • D's prior sex offenses properly admitted under EC §352 where they showed D's propensity for committing such offenses by using a gun, isolating the victim in a park, strangling victim and engaging in specific sex acts.
  • Trial court reasonably concluded the probative value of attorney's prior acts of dubious trust creation for infirm, elderly clients substantially outweighed the potential for prejudice.
  • Error to admit evidence of prior instances of D's unlawfully resisting police where prior crimes were dissimilar in a material way from charged crime, and lacked probative value. [CALCRIM No. 1600.]