What is the current state of the law on the interpretation of evidence under the Evidence Code section 352?

California, United States of America


The following excerpt is from People v. Venable, E071681 (Cal. App. 2020):

Under Evidence Code section 352, "[t]he trial court enjoys broad discretion in determining the relevance of evidence and in assessing whether concerns of undue prejudice, confusion, or consumption of time substantially outweigh the probative value of particular evidence. [Citation.] 'The exercise of discretion is not grounds for reversal unless "'the court exercised its discretion in an arbitrary, capricious or patently absurd manner that resulted in a manifest miscarriage of justice.'"' [Citation.]" (People v. Clark (2016) 63 Cal.4th 522, 572.)

Here, on one hand, the video had substantial probative value.

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