Is a review of a decision pursuant to section 352 subject to abuse of discretion analysis?
California, United States of America
The following excerpt is from People v. Graham, C087027 (Cal. App. 2021):
Review of a trial court decision pursuant to Evidence Code section 352 is subject to abuse of discretion analysis. (People v. Greenberger (1997) 58 Cal.App.4th 298, 352 (Greenberger); People v. Shoemaker (1982) 135 Cal.App.3d 442, 449 (Shoemaker) [absent a clear showing of abuse, we are compelled to uphold the trial court's exercise of discretion under section 352].)
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