Is there any case law where a trial judge was unable to determine the probative value of an exhibit?

California, United States of America


The following excerpt is from People v. Garceau, 24 Cal.Rptr.2d 664, 6 Cal.4th 140, 862 P.2d 664 (Cal. 1993):

[6 Cal.4th 182] Defendant contends the trial court failed to engage in a meaningful weighing process and, instead, mechanically recited that the probative value exceeded the prejudicial effect as to the various exhibits that the defense sought to exclude. With respect to each item of physical evidence challenged on appeal, however, the trial court heard arguments from both sides regarding relevance and prejudice before articulating that the probative value of the challenged evidence outweighed any prejudicial effect. The record indicates that the trial court understood and fulfilled its responsibilities under Evidence Code section 352. Nothing more was required. (See People v. Clair, supra, 2 Cal.4th at p. 660, 7 Cal.Rptr.2d 564, 828 P.2d 705; People v. Griffin (1988) 46 Cal.3d 1011, 1027-1029, 251 Cal.Rptr. 643, 761 P.2d 103.)

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