California, United States of America
The following excerpt is from People v. Robinson, E070510 (Cal. App. 2019):
Evidence Code section 352 provides that a trial court "in its discretion may 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." "'"Evidence is not prejudicial, as that term is used in [Evidence Code] section 352 context, merely because it undermines the opponent's position or shores up that of the proponent. The ability to do so is what makes evidence relevant."'" (People v. Scott (2011) 52 Cal.4th 452, 490.) Rather, "'"[t]he 'prejudice' referred to in Evidence Code section 352 applies to evidence which uniquely tends to evoke an emotional bias against the defendant as an individual and which has very little effect on the issues."'" (Id. at p. 491.)
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