What is the test for admitting or rejecting evidence pursuant to California Evidence Code section 352?

California, United States of America


The following excerpt is from People v. Thomas, 11 Cal. Daily Op. Serv. 1656, 121 Cal.Rptr.3d 521, 2011 Daily Journal D.A.R. 1966, 247 P.3d 886, 51 Cal.4th 449 (Cal. 2011):

[51 Cal.4th 485] Evidence Code section 352 vests a trial court with discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will ... create substantial danger of undue prejudice.... A trial court's exercise of discretion in admitting or rejecting evidence pursuant to Evidence Code section 352 will not be disturbed on appeal unless there is a manifest abuse of that discretion resulting in a miscarriage of justice. [Citation.] ( People v. Cain (1995) 10 Cal.4th 1, 33, 40 Cal.Rptr.2d 481, 892 P.2d 1224.)

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