California, United States of America
The following excerpt is from People v. Magee, E070429 (Cal. App. 2020):
"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.) 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
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resulted in a manifest miscarriage of justice."'" (Uspenskaya v. Meline (2015) 241 Cal.App.4th 996, 1000-1001.) Reversal is not required unless it is reasonably probable the defendant would have received a more favorable outcome had the excluded evidence been admitted. (People v. Aranda (2012) 55 Cal.4th 342, 354.)4
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