What is the test for abuse of abuse of power under section 352 of the Evidence Code?

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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