California, United States of America
The following excerpt is from People v. Bautista, H039916 (Cal. App. 2015):
According to defendant, the gunshot residue evidence had no probative value because of the "flaws" in the collection procedures, and it presented "an extremely high danger of unfair prejudice." As explained in the above section, the gunshot residue in this case was not collected under ideal circumstances, but the evidence was not so inherently unreliable as to lack any probative value. Moreover, the gunshot residence evidence did not "tend[] to create an emotional bias against" defendant that posed a potential to "inflame the jury." (People v. Lucas (2014) 60 Cal.4th 153, 268.) Defendant's criticisms regarding the gunshot residue collection process in this case "attach to the weight of the evidence," and thus did not require its exclusion pursuant to Evidence Code section 352. (See id. at p. 231.)
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