Is there any case where the court excluded evidence pursuant to Evidence Code section 352?

California, United States of America


The following excerpt is from People v. Gustafson, E051748 (Cal. App. 2012):

Significantly, defendant has not cited any decision in which the court excluded evidence offered pursuant to Evidence Code section 1109 based on Evidence Code section 352. Rather, he relies on one decision excluding evidence offered pursuant to Evidence Code section 1108, the analogue to Evidence Code section 1109 for evidence of prior sex offenses. That decision, People v. Harris (1998) 60 Cal.App.4th 727 (Harris) is not fairly comparable to this case.

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