What is the current state of the law on the right of a trial court to exclude or admit relevant evidence under section 352 of the Evidence Code?

California, United States of America


The following excerpt is from People v. Goethe, C066382, Super. Ct. No. 09F05669 (Cal. App. 2012):

"The rule is settled that the trial court's discretion to exclude or admit relevant evidence under Evidence Code section 352 'is as broad as necessary to deal with the great variety of factual situations in which the issue arises, and in most instances the appellate courts will uphold its exercise whether the [evidence] is admitted or excluded.' [Citation.]" (People v. Kwolek (1995) 40 Cal.App.4th 1521, 1532.) This ruling does not present an abuse of discretion under Evidence Code section 352.

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