California, United States of America
The following excerpt is from People v. Bennett, D076355 (Cal. App. 2020):
As we introduced at part III.A.1., ante, "under Evidence Code section 352, the trial court retains the discretion to exclude relevant evidence if 'its probative value is substantially outweighed by the probability that its admission will' either 'necessitate undue consumption of time' or 'create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury.' " (People v. Young (2019) 7 Cal.5th 905, 931 (Young).) We review the court's decision to exclude evidence under Evidence Code section 352 for abuse of discretion. (Young, at p. 931.)
b. Analysis
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