California, United States of America
The following excerpt is from People v. Santos, B219927, Los Angeles County Super. Ct. No. GA071089 (Cal. App. 2011):
For purposes of evaluating the admission of evidence under Evidence Code section 352, "'"evidence should be excluded as unduly prejudicial when it is of such nature as to inflame the emotions of the jury, motivating them to use the information, not to logically evaluate the point upon which it is relevant, but to reward or punish one side because of the jurors' emotional reaction. In such a circumstance, the evidence is unduly prejudicial because of the substantial likelihood the jury will use it for an illegitimate purpose." [Citation.]'" (People v. Branch (2001) 91 Cal.App.4th 274, 286; see People v. Crew, supra, 31 Cal.4th at p. 841 [evidence "was not unduly prejudicial because it would not arouse an emotional bias against defendant in the jury"].)
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