CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Character and Reputation Evidence
......To Prove Conduct & Prior Bad Acts
.........Admis. When Relv to Prove Fact In Issue
............Admissible to Show Identity
 28 Cards On This Topic:
  • Character evidence admissible to prove identity.
  • Evidence of other crimes admissible to prove fact in issue. (Fed. Rules of Evid.)
  • Jury instruction requiring jury to find clear connection between prior bad acts and crime charged so that it could conclude D committed prior acts permissible.
  • No abuse of discretion in consolidating 5 charged throat-slashing murders presenting a pattern so distinctive as to support an inference the same person committed all of them, which was relevant as to of identity.
  • No abuse of discretion in admitting evidence of a similar burglary D committed shortly after the burglary/murder of V where admitted only on issues of intent and the identity of the perpetrator.
  • Given the theory the Mexican Mafia directed the Sangra gang to kill V because he dropped out of Mexican Mafia, gang evidence, including Sangra tattoos and weapons photos, was relevant to motive and identity under EC 1101 and 352.
  • D's motion to sever counts properly denied where he failed to show evidence in murders of 3 elderly women, in similar circumstances, was not cross-admissible on issue of identity.
  • Saw, butcher knife, and rope found in V's stolen van after D's arrest were relevant on issue of identity as circumstance of crime under PC 190.3 (a) and also relevant under (b).
  • No abuse of discretion under EC 1101 and 352 in admitting, re identity, evidence of D's conviction of similar crimes committed 4 months after V's murder.
  • No ineffective assistance in not excluding W statements where percipient evidence in harmony with forensic evidence: Jury could reasonably infer D caused V's prior injuries, and fatal injuries caused by sexual abuse, not accident.
  • Evidence of prior crimes properly admitted on issue of identity where "eerily similar to the present crimes," and on intent to commit rape, sodomy, burglary and robbery as shown by ample circumstantial evidence.
  • Evidence of D's attempt to murder person he told about murders of Vs admissible under EC 1101(b) to prove consciousness of guilt and D's identity as the killer.
  • Evidence of D's possession of firearms properly admitted to prove identity.
  • Evidence of highly similar uncharged rape-murder properly admitted to prove identification, common design or plan.
  • Nature and degree of similarity (between uncharged misconduct and the charged offense) required in order to establish identity.
  • No error to deny D's motion to exclude gang evidence where it was relevant to motive and identity, tending to show V appeared to be member of deadly rival Crips.
  • Evidence of O.J.'s previous abuse of Nicole admissible to show motive, intent and identity.
  • Evidence of uncharged fires in neighborhoods in which D lived over years admissible to show identity and intent.
  • Doctrine of Chances used to justify admission of evidence of uncharged acts to prove actor's intent but also applies to evidence of identity.
  • Signature test not required to introduce prior acts on issue of identity where there are identical perpetrator and victim.
  • D's prior martial arts fighting properly admitted under exception to bad acts bar of Evid. Code §1101, as it placed martial arts use near murder date; further relevant re identity.
  • Prior crime must bear sufficient similarity to charged crime.
  • Prior uncharged crimes against same victim admissible even when intent and identity not at issue.
  • Statements of willingness to kill for hire, made prior to murder, admissible to show identity & then-existing state of mind; also, overwhelming evidence made any error harmless.
  • D's prior rape offenses properly admitted to show common scheme, identity and motive.
  • Evidence of Ds' prior joint robbery erroneously admitted as crimes had nothing in common other than committed by 2 men.
  • Evidence D committed San Leandro robbery properly admitted on issue of identity in commission of similar Berkeley robbery 2 wks earlier.
  • Cases discussing various aspects of use of prior bad acts to show identity.


    •