How has the US Courts treated Rule 403 balancing analysis under Rule 403?
MultiRegion, United States of America
The following excerpt is from United States v. Weisinger, No. 13-3655-cr (2nd Cir. 2014):
2006) (holding that where record shows district court "conscientiously balanced the proffered evidence's probative value with the risk for prejudice," its Rule 403 determination will be disturbed only if "arbitrary or irrational"); see also United States v. O'Connor, 650 F.3d 839, 853 (2d Cir. 2011) (concluding that district court "plainly conducted a Rule 403 balancing analysis" where it had excluded portions of proffered evidence to reduce prejudice).
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