Is exclusion of evidence as more prejudicial than probative an abuse of discretion?
California, United States of America
The following excerpt is from People v. Peoples, 198 Cal.Rptr.3d 365, 365 P.3d 230, 62 Cal.4th 718 (Cal. 2016):
" Exclusion of evidence as more prejudicial, confusing or distracting than probative, under Evidence Code section 352, is reviewed for abuse of discretion. [Citation.] But exclusion of evidence that produces only speculative inferences is not an abuse of discretion. " (People v. Cornwell (2005) 37 Cal.4th 50, 81, 33 Cal.Rptr.3d 1, 117 P.3d 622, disapproved on other grounds in People v. Doolin (2009) 45 Cal.4th 390, 421, fn. 22, 87 Cal.Rptr.3d 209, 198 P.3d 11.)
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