California, United States of America
The following excerpt is from People v. Lopez, F076430 (Cal. App. 2020):
However, evidence that is admissible under section 1108 is nonetheless subject to exclusion under section 352. Section 352 provides: "The court in its discretion may exclude evidence if its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury." The trial court is best situated to evaluate the evidence at issue through the lens of section 352,
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and, accordingly, enjoys broad discretion in applying the statute. (People v. Rodrigues (1994) 8 Cal.4th 1060, 1124-1125.)
Furthermore, " ' "[t]he prejudice [that] ... section 352 is designed to avoid is not the prejudice or damage to a defense that naturally flows from relevant, highly probative evidence." ' " (People v. Eubanks (2011) 53 Cal.4th 110, 144.) Rather, ... section 352 is designed to avoid " 'undue prejudice' " because "the ultimate object[ive] of the section 352 weighing process is a fair trial." (People v. Harris (1998) 60 Cal.App.4th 727, 736.)
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