California, United States of America
The following excerpt is from People v. Rodriguez, E054701 (Cal. App. 2013):
Evidence Code section 352 accords the trial court broad discretion to exclude even relevant evidence "'if its probative value is substantially outweighed by the probability that its admission will . . . create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury.' 'Evidence is substantially more prejudicial than probative [citation] if, broadly stated, it poses an intolerable "risk to the fairness of the proceedings or the reliability of the outcome" [citation].' [Citation.] We review a trial court's ruling under Evidence Code section 352 for an abuse of discretion." (People v. Clark (2011) 52 Cal.4th 856, 893.)
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