What is the test for excluding "prejudicial" evidence at trial?

California, United States of America


The following excerpt is from People v. Bradford, D064873 (Cal. App. 2015):

Evidence Code section 352 permits a court 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." " 'The "prejudice" referred to in Evidence Code section 352 applies to evidence which uniquely tends to evoke an emotional bias against defendant as an individual and which has very little effect on the issues. In applying [Evidence Code] section 352, "prejudicial" is not synonymous with damaging.' " (People v. Bolin (1998) 18 Cal.4th 297, 320.)

Page 15

Other Questions


In what circumstances of the crime scene evidence will be admitted during the penalty phase of a penalty trial, does the trial court error not to exclude the evidence? (California, United States of America)
Does the trial court abuse its discretion to exclude prejudicial evidence at trial? (California, United States of America)
Does the trial court abuse its discretion to exclude prejudicial evidence at trial? (California, United States of America)
Does Defendant have a reciprocal obligation to disclose all relevant evidence obtained before trial, including rebuttal evidence it intends to use at trial? (California, United States of America)
Does the Court have authority to exclude evidence where a defendant has been found to be contrary to the evidence code under section 352 of the California Evidence Code? (California, United States of America)
When a defendant makes a mid-trial motion to revoke his self represented status and have standby counsel appointed for the remainder of the trial, does the trial court have a duty to manage the trial? (California, United States of America)
What is the power of the trial court to exclude evidence under section 352 of the California Evidence Code? (California, United States of America)
In a motion for summary adjudication on a motion to exclude evidence as to drainage, does plaintiff need to explain to the arbitrator why it was necessary to exclude the evidence? (California, United States of America)
Can a defendant exclude evidence that is prejudicial to the codefendant under section 352 of the Evidence Code? (California, United States of America)
What is the test for excluding prejudicial evidence at trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.