What is the test for abuse of the abuse of time standard?

California, United States of America


The following excerpt is from People v. Ennis, 10 Cal. Daily Op. Serv. 14, 943, 118 Cal.Rptr.3d 270, 190 Cal.App.4th 721 (Cal. App. 2011):

Ultimately, the determination of whether the probative value of such evidence is substantially outweighed by the possibility of undue consumption of time, unfair prejudice or misleading the jury is "entrusted to the sound discretion of the trial judge who is in the best position to evaluate the evidence. [Citation.]" ( People v. Fitch (1997) 55 Cal.App.4th 172, 183, 63 Cal.Rptr.2d 753.) We review the court's decision on an abuse of discretion standard. ( People v. Kipp (1998) 18 Cal.4th 349, 371, 75 Cal.Rptr.2d 716, 956 P.2d 1169.)

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