California, United States of America
The following excerpt is from People v. Osborn, E054387 (Cal. App. 2013):
Evidence may not be excluded merely because it is prejudicial; rather, evidence is inadmissible under Evidence Code section 352 only when its probability of undue prejudice outweighs its probative value. Evidence is "unduly prejudicial" when it '". . . tends to evoke an emotional bias against a party as an individual, while having only slight probative value with regard to the issues. . . .' [Citation.]" (People v. Samuels (2005) 36 Cal.4th 96, 124.) Here, the challenged testimony, even if emotional, was highly probative on the primary issue at the trial: defendant's subjective mental state when he chose to drive after drinking. We therefore conclude the trial court did not abuse its discretion in admitting Ossorio's testimony.
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