What is the test for admitting or excluding a video of a violent crime scene from a jury?

After the jury saw the video and the parties were discussing jury instructions, defendant reiterated his objection to the video. The People again argued that the video was relevant to defendant's motive because it showed that gang members, such as defendant, violently retaliate when disrespected. The trial court explained that it had "strongly consider[ed]" defendant's objection, but continued to believe that the video was admissible.

2. Applicable Law and Standard of Review

"Under Evidence Code section 352, the probative value of the proffered evidence must not be substantially outweighed by the probability that its admission would create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury." (People v. Cole (2004) 33 Cal.4th 1158, 1195.) Evidence "adverse to a defendant's case does not render it prejudicial within the meaning of [Evidence Code] section 352. [Citation.] In applying this statute we evaluate the 'risk of "undue" prejudice, that is, "'evidence which uniquely tends to evoke an emotional bias against the defendant as an individual and which has very little effect on the issues, '" not the prejudice "that naturally flows from relevant, highly probative evidence."' [Citations.]" (People v. Albarran (2007) 149 Cal.App.4th 214, 223.)

Because the decision to admit or exclude evidence under Evidence Code section 352 is committed to the trial court's discretion, we will not disturb a trial court's exercise of that discretion "'"except on a showing the trial court exercised its discretion in an arbitrary, capricious, or patently absurd manner that resulted in a manifest miscarriage of justice." [Citations.]'" (Uspenskaya v. Meline (2015) 241 Cal.App.4th 996, 1000-1001.)

3. Analysis