Does a federal district court's decision not to admit evidence under Rule 403 balancing inquiry constitute plain error?
MultiRegion, United States of America
The following excerpt is from U.S. v. Plunk, 153 F.3d 1011 (9th Cir. 1998):
7 Indeed, in view of the inherently fact-specific nature of the Rule 403 balancing inquiry, and the special deference to which district courts' decisions to admit evidence pursuant to that Rule are entitled, see, e.g., Borunda v. Richmond, 885 F.2d 1384, 1388 (9th Cir.1988); United States v. Layton, 767 F.2d 549, 554 (9th Cir.1985). it is the rare exception when a district court's decision to admit evidence under Rule 403 constitutes plain error.
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