California, United States of America
The following excerpt is from People v. Battles, D051397 (Cal. App. 9/4/2008), D051397 (Cal. App. 2008):
To be admissible, evidence that satisfies the criteria set forth in Evidence Code section 1101, subdivision (b), must also qualify for admission under Evidence Code section 352. (Evid. Code, 1108, subd. (a); Brown v. Smith (1997) 55 Cal.App.4th 767, 791.) Evidence is admissible under Evidence Code section 352 unless the trial court determines that its probative value is substantially outweighed by the probability that its admission will (a) necessitate undue consumption of time or (b) create substantial danger of undue prejudice, confusing the issues or misleading the jury.
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