What is the test for abuse of discretion when a jury is asked to accept a motion of no confidence in a motion?
California, United States of America
The following excerpt is from People v. Morell, A134052, A134567, A134642 (Cal. App. 2014):
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." (Evid. Code, 352.) Thus, we review a court's decision for abuse of discretion. (People v. Rodrigues, supra, 8 Cal.4th at p. 1124.)
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