What is the test for admitting evidence of witness intimidation?

California, United States of America


The following excerpt is from People v. Faulalo, C055080 (Cal. App. 11/17/2008), C055080 (Cal. App. 2008):

Furthermore, the trial court admitted the witness intimidation evidence after conducting an Evidence Code section 352 analysis. Evidence Code section 352 permits the exclusion of relevant evidence where "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." (Evid. Code, 352.) We review a trial court order denying a motion to exclude evidence under Evidence Code section 352 for abuse of discretion. (People v. Williams, supra, 16 Cal.4th at p. 213.)

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