California, United States of America
The following excerpt is from The People v. Zar, G042375, No. 08HF0496 (Cal. App. 2010):
Evidence Code section 352 authorizes a trial court to exclude evidence relevant pursuant to Evidence Code sections 1101, subdivision (b), and 1108. "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." (Evid. Code, 352.) "[T]he probative value of the evidence must be balanced against four factors: (1) the inflammatory nature of the uncharged conduct; (2) the possibility of confusion of issues; (3) remoteness in time of the uncharged offenses; and (4) the amount of time involved in introducing and refuting the evidence of uncharged offenses. [Citation.]" (People v. Branch (2001) 91 Cal.App.4th 274, 282 (Branch)) "We review a challenge to a trial court's choice to admit or exclude evidence under [Evidence Code] section 352 for abuse of discretion. [Citation.]" (Ibid.)
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