People v. Harris

Opinion

MORRISON, J.

Evidence Code section 1108 allows bad conduct evidence to be admitted to prove “predisposition” to commit sex crimes. (Further unspecified section references are to this code.) Recently we rejected a due process clause challenge to the statute, emphasizing “section 1108 has a safeguard against the use of uncharged sex offenses in cases where the admission of such evidence could result in a fundamentally unfair trial. Such evidence is still subject to exclusion under Evidence Code section 352. ... By subjecting evidence of uncharged sexual misconduct to the weighing process…