California, United States of America
The following excerpt is from People v. Martinez, B283764 (Cal. App. 2018):
Under Evidence Code section 352, a court has discretion to exclude evidence if its probative value is substantially outweighed by the probability its admission will create a substantial danger of undue prejudice, i.e., if it poses an intolerable risk to the fairness of the proceedings or the reliability of the outcome. (People v. Case (2018) 5 Cal.5th 1, 43.) Evidence is prejudicial if it " ' "uniquely tends to evoke an
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emotional bias against defendant as an individual and . . . has very little effect on the issues." ' " (People v. Williams (2013) 58 Cal.4th 197, 270.)
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