Does a defendant have to prove that he was prejudiced by his trial counsel's failure to object under section 352 of the Evidence Code?

California, United States of America

The following excerpt is from People v. Brown, H040734 (Cal. App. 2016):

Even if counsel had objected under Evidence Code section 352, the trial court could have reasonably concluded, in the exercise of its broad discretion, that the application "had significant probative value and would not so inflame the jurors' emotions as to interfere with their fair and dispassionate assessment of the evidence of defendant's guilt." (People v. Kipp (2001) 26 Cal.4th 1100, 1126-1127.) As such, defendant has not shown that he was prejudiced by his trial counsel's failure to object under Evidence Code section 352.

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