What is the effect of redactions to statements by the police officer who gave evidence to a jury in a civil case?

California, United States of America


The following excerpt is from People v. Rosiles, F070940 (Cal. App. 2018):

As mentioned above, the trial court had conducted the balancing inquiry required by Evidence Code section 3526 and concluded that evidence related to the Oliver incident was inadmissible under "any theory." The court determined that the evidence related to the Oliver killings had limited probative value that was substantially outweighed by the probability that its admission would necessitate undue consumption of time and create substantial danger of confusing the issues. (See People v. Rodrigues (1994) 8 Cal.4th 1060, 1124-1125 [the trial court is best situated to evaluate the evidence at issue through the lens of Evid. Code, 352, and, accordingly, enjoys broad discretion in applying the statute].) Based on its determination to exclude evidence related to the Oliver killings, the court appropriately ordered redactions to Rosiles's police statements to excise references to these killings.

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