California, United States of America
The following excerpt is from People v. Hill, C082236 (Cal. App. 2017):
damaging. [Citation.] Rather, it refers to evidence that uniquely tends to evoke an emotional bias against the defendant as an individual, and has little to do with the legal issues raised in the trial. [Citation.]" (People v. McCurdy (2014) 59 Cal.4th 1063, 1095.) Even prejudicial evidence is not inadmissible unless the probative value of the evidence is "substantially" outweighed by the "probability of a substantial danger" of undue prejudice. (People v. Holford (2012) 203 Cal.App.4th 155, 167.)
"Trial courts enjoy ' "broad discretion" ' in deciding whether the probability of a substantial danger of prejudice substantially outweighs probative value. [Citations.] A trial court's exercise of discretion 'will not be disturbed except on a showing the trial court exercised its discretion in an arbitrary, capricious, or patently absurd manner that resulted in a manifest miscarriage of justice.' [Citation.]" People v. Holford, supra, 203 Cal.App.4th at pp. 167-168.)
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