Does the question of whether the evidence was properly admitted under the California Evidence Code section 352 need to be reviewed for abuse of discretion?

California, United States of America


The following excerpt is from People v. Cruz, F072793 (Cal. App. 2018):

The question of whether the evidence was properly admitted under Evidence Code section 352 is a closer call. A trial court's decision to admit or exclude evidence under Evidence Code section 352 is reviewed for abuse of discretion. (People v. Clair (1992) 2 Cal.4th 629, 654-655.) Further, the "'balancing test [under Evidence Code section 352] is necessarily particularistic, depending [not] upon mechanically automatic rules, but upon the trial court's consideration of the unique facts and issues of each case.'" (People v. Scott (1980) 113 Cal.App.3d 190, 198.) We will reverse only if the court's ruling was "'arbitrary, whimsical, or capricious as a matter of law.'" (People v. Branch (2001) 91 Cal.App.4th 274, 282.)

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