California, United States of America
The following excerpt is from People v. Talley, B281571 (Cal. App. 2019):
9. Evidence Code section 352 authorizes a court to exclude evidence if its probative value is substantially outweighed by the probability that its admission will necessitate undue consumption of time or create substantial danger of undue prejudice, confusing the issues or misleading the jury. Undue prejudice in this context means "'evidence that tends to evoke an emotional bias against the defendant with very little effect on issues, not evidence that is probative of a defendant's guilt.'" (People v. Valdez (2012) 55 Cal.4th 82, 133.) The trial court has broad discretion to admit or exclude evidence under Evidence Code section 352, and its ruling will not be disturbed unless it is arbitrary or irrational. (People v. Mills (2010) 48 Cal.4th 158, 195; People v. Williams (2008) 43 Cal.4th 584, 634.)
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