What is a court's discretion to exclude relevant evidence in a murder trial?

California, United States of America


The following excerpt is from The People v. Cowan, No. 059675A, S055415 (Cal. 2010):

discretion, to exclude relevant evidence "if its probative value is substantially outweighed by the probability that its admission will... create substantial danger of undue prejudice or confusing the issues or of misleading the jury." As we have explained," ' "[M]urder is seldom pretty, and pictures, testimony and physical evidence in such a case are always unpleasant" ' [citations], and we rely on our trial courts to ensure that relevant, otherwise admissible evidence is not more prejudicial than probative [citation]. A trial court's decision to admit photographs under Evidence Code section 352 will be upheld on appeal unless the prejudicial effect of such photographs clearly outweighs their probative value." (People v. Gurule (2002) 28 Cal.4th 557, 624.)

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