Can abuse of discretion be used to exclude otherwise relevant evidence?

California, United States of America


The following excerpt is from People v. Martinez, A136828 (Cal. App. 2015):

"Under Evidence Code section 352, a trial court may exclude otherwise relevant evidence when its probative value is substantially outweighed by concerns of undue prejudice, confusion, or consumption of time." (People v. Riggs (2008) 44 Cal.4th 248,

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290.) We review a ruling concerning the admissibility of evidence for abuse of discretion.2 (Ibid.)

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