What is the test for excluding evidence in a criminal case?

California, United States of America


The following excerpt is from People v. Li Ching Liu, (Cal. App. 2013):

"A trial court has broad discretion under Evidence Code section 352 to '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.' This discretion allows the trial court broad power to control the presentation of proposed impeachment evidence '"'to prevent criminal trials from degenerating into nitpicking wars of attrition over collateral credibility issues.' [Citation.]"' [Citation.] On appeal, we evaluate the court's ruling by applying an abuse of discretion standard." (People v. Mills (2010) 48 Cal.4th 158, 195.) We find no abuse of discretion in the trial court's decision to exclude the testimony at issue here.

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