What is the test for "abuse of discretion" in dealing with uncharged evidence at trial?
California, United States of America
The following excerpt is from People v. Heller, 2d Crim. No. B295817 (Cal. App. 2020):
" 'The probative value of the uncharged evidence must be substantial and must not be largely outweighed by the probability that its admission would create a serious danger of undue prejudice . . . .' " (People v. Carter, supra, 36 Cal.4th at p. 1149.) We review the trial court's decision on this issue for "abuse of discretion." (Id. at p. 1147.)
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