California, United States of America
The following excerpt is from People v. Ayala, F073361 (Cal. App. 2018):
Under Evidence Code section 352, the "court in its discretion may exclude evidence if 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, of confusing the issues, or of misleading the jury." In the context of section 352, prejudice refers to evidence that uniquely tends to evoke an emotional bias against a party as an individual and only has slight probative value with regard to the issues. (People v. Scheid (1997) 16 Cal.4th 1, 19.)
We review the decision to admit evidence under section 352 for an abuse of discretion and will not disturb the ruling unless there is a clear showing the trial court exceeded the bounds of reason, all circumstances considered. (People v. Martinez (1998) 62 Cal.App.4th 1454, 1459.)
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