What is the test for admitting or excluding evidence under section 352 of the Criminal Code?

California, United States of America


The following excerpt is from People v. Reynolds, A148131 (Cal. App. 2017):

A trial court's decision to admit or exclude evidence under section 352, which requires a balancing of the probative value against prejudicial effect, is a matter committed to its discretion " ' "and will not be disturbed 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." ' " (People v. Geier (2007) 41 Cal.4th 555, 585.) Such a showing cannot arguably be made in this case.

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