What is the effect of section 352 of the Alberta Evidence Code on a defence where a defence witness has been called to testify at trial?

California, United States of America


The following excerpt is from People v. Kambouris, E072468 (Cal. App. 2020):

"Evidence Code section 352 gives the trial court discretion to 'exclude evidence if its probative value is substantially outweighed by the probability that its admission will . . . create substantial danger of undue prejudice . . . .' A trial court's exercise of discretion under section 352 will be upheld on appeal unless the court abused its discretion, that is, unless it exercised its discretion in an arbitrary, capricious, or patently absurd manner. [Citations.]" (People v. Thomas (2012) 53 Cal.4th 771, 806.)

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