What is the test for excluding relevant evidence in a sexual assault case?

California, United States of America


The following excerpt is from The People v. Peter Nong Le, G041681, No. 04CF3689 (Cal. App. 2010):

Evidence Code section 352 permits the trial court to exclude relevant evidence "if its probative value is substantially outweighed by the probability that its admission will... (b) create a substantial danger of prejudice, of confusing the issues, or of misleading the jury." We may not disturb the trial court's ruling absent a showing the trial court exercised its discretion in an arbitrary, capricious, or patently absurd manner that resulted in a miscarriage of justice. (People v. Rodriguez (1999) 20 Cal.4th 1, 9-10.)

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