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

California, United States of America


The following excerpt is from People v. Martinez, G057186 (Cal. App. 2020):

Evidence Code section 352 authorizes a trial court to exclude relevant evidence. (People v. Young (2019) 7 Cal.5th 905, 931.) "The 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." (Evid. Code, 352.) For purposes of Evidence Code section 352, prejudice means "'evidence that uniquely tends to evoke an emotional bias against a party as an individual, while having only slight probative value with regard to the issues. [Citation.]'" (People v. Heard (2003) 31 Cal.4th 946, 976.)

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