What is the test for admitting or denying evidence in a criminal case?
California, United States of America
The following excerpt is from People v. Steward, B258993 (Cal. App. 2016):
prove or disprove the material fact (i.e., probative value); and (3) the existence of any rule or policy requiring the exclusion of relevant evidence (i.e., prejudicial effect or other [Evid. Code,] 352 concern). [Citations.] [] Courts subject other crimes evidence to '"extremely careful analysis"' [citation] and review the admission of such evidence for abuse of discretion [citation]." (People v. Hendrix (2013) 214 Cal.App.4th 216, 238.)
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