Does the trial court abuse its power to exclude evidence of uncharged crimes from the trial jury?

California, United States of America


The following excerpt is from People v. Spencer, 2d Crim. No. B230684 (Cal. App. 2012):

Nor did the trial court abuse its discretion under Evidence Code section 352. That section authorizes the trial court to exclude evidence where its probative value is substantially outweighed by the probability its admission will create a substantial danger of undue prejudice. In the context of Evidence Code section 352 "undue prejudice" applies to evidence 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. Felix (1994) 23 Cal.App.4th 1385, 1396.) Certainly, there is a danger of undue prejudice any time evidence of uncharged crimes is admitted. But here the uncharged crimes evidence was highly relevant to show motive, common scheme and intent. Under the circumstances, we cannot conclude that the trial court abused its discretion under Evidence Code section 352.

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