California, United States of America
The following excerpt is from People v. Rivera, D073282 (Cal. App. 2018):
Pursuant to Evidence Code section 352, "[a] trial court may exclude otherwise relevant evidence when its probative value is substantially outweighed by concerns of undue prejudice, confusion, or consumption of time." (People v. Scott (2011) 52 Cal.4th 452, 490.) " ' "The 'prejudice' referred to in Evidence Code section 352 applies to
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evidence which uniquely tends to evoke an emotional bias against the defendant as an individual and which has very little effect on the issues. In applying section 352, 'prejudicial' is not synonymous with 'damaging.' " ' " (Id. at p. 491.) "Rulings regarding . . . Evidence Code section 352 are reviewed under an abuse of discretion standard." (People v. Lee (2011) 51 Cal.4th 620, 643.)
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