What is the power of the trial court to exclude evidence under section 352 of the California Evidence Code?

California, United States of America


The following excerpt is from People v. MUNGIA, 189 P.3d 880, 44 Cal.4th 1101, 81 Cal.Rptr.3d 614 (Cal. 2009):

In addition to the trial court's power to exclude evidence under section 1101 of the Evidence Code, section 352 of that code allows the trial court to exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury. Rulings made under these sections are reviewed for an abuse of discretion. ( People v. Harrison (2005) 35 Cal.4th 208, 230, 25 Cal.Rptr.3d 224, 106 P.3d 895.)

[44 Cal.4th 1131]

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