What is the standard of review for an Evidence Code section 352 ruling that is Page 9 arbitrary, capricious or patently absurd?
California, United States of America
The following excerpt is from People v. Saude, F059360, Super. Ct. No. CRM000336 (Cal. App. 2011):
The deferential abuse of discretion standard of review applies to Evidence Code section 352 rulings. (People v. Pollock (2004) 32 Cal.4th 1153, 1171.) "Prejudice for purposes of Evidence Code section 352 means evidence that tends to evoke an emotional bias against the defendant with very little effect on issues, not evidence that is probative of a defendant's guilt." (People v. Crew (2003) 31 Cal.4th 822, 842.) A ruling that is
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arbitrary, capricious, or patently absurd is an abuse of discretion. (People v. Ledesma (2006) 39 Cal.4th 641, 705.)
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