In what circumstances will the trial court allow the prosecution to exclude evidence of bias in a witness statement?

California, United States of America


The following excerpt is from People v. Gionis, 40 Cal.Rptr.2d 456, 892 P.2d 1199, 9 Cal.4th 1196 (Cal. 1995):

In light of the highly probative nature of the statements, the trial court acted well within its broad discretion under section 352 in concluding that the potential for prejudice was outweighed. As we recently explained: "The prejudice which exclusion of evidence under Evidence Code section 352 is designed to avoid is not the prejudice or damage to a defense that naturally flows from relevant, highly probative evidence. '[A]ll evidence which tends to prove guilt is prejudicial or damaging to the defendant's case. The stronger the evidence, the more it is "prejudicial." The "prejudice" referred to in Evidence Code section 352 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. In applying section 352, "prejudicial" is not synonymous with "damaging." ' [Citation.]" (People v. Karis (1988) 46 Cal.3d 612, 638, 250 Cal.Rptr. 659, 758 P.2d 1189, italics added.) No error appears. 11

Page 467

[892 P.2d 1210] B. Prosecutorial Misconduct

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