California, United States of America
The following excerpt is from People v. Miles, 263 Cal.Rptr.3d 144, 464 P.3d 611, 9 Cal.5th 513 (Cal. 2020):
Only relevant evidence is admissible. ( Evid. Code, 350.) Relevant evidence is defined as "evidence, including evidence relevant to the credibility of a witness or hearsay declarant, having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action." ( Evid. Code, 210.) "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." ( Evid. Code, 352.) " Prejudice, as used in Evidence Code section 352, is not synonymous with damaging. [Citation.] Rather, it refers to evidence that uniquely tends to evoke an emotional bias against the defendant as an individual, and has little to do with the legal issues raised in the trial." ( People v. McCurdy (2014) 59 Cal.4th 1063, 1095, 176 Cal.Rptr.3d 103, 331 P.3d 265.)
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