Harris

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 of section 352, the Legislature has ensured that such evidence cannot be used in cases where its probative value is substantially outweighed by the possibility that it will consume an undue amount of time or create a substantial danger of undue prejudice, confusion of issues, or misleading the jury. . . . This determination is entrusted to the sound discretion of the trial judge who is in the best position to evaluate the evidence.” (People v. Fitch (1997) 55 Cal.App.4th 172, 183 [ 63 Cal.Rptr.2d 753 ] (Fitch), citations omitted.)

Often predisposition evidence is extremely probative (e.g., Michelson v.…