What is the test for prejudicial evidence in the context of evidence of racial motivation in criminal cases?

California, United States of America


The following excerpt is from People v. Williams, 160 Cal.Rptr.3d 779 (Cal. App. 2013):

The definition of prejudicial evidence in this context is that which uniquely tends to evoke an emotional bias against the defendant as an individual and which has very little effect on the issues....' ( People v. Karis (1988) 46 Cal.3d 612, 638, 250 Cal.Rptr. 659, 758 P.2d 1189.) The evidence of racial motivation had even less effect on the issues ( id.) as to the grand theft and diversion counts precisely because they did not involve minority groups. (Maj. opn. at p. 808.) The result being the evidence could arguably be more prejudicial as to those convictions.

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