What is the test for Rule 403 violation?
MultiRegion, United States of America
The following excerpt is from U.S. v. Smith, 42 F.3d 1404 (9th Cir. 1994):
Likewise, we find no Rule 403 violation. The evidence was relatively innocuous and not unfairly prejudicial. Even if the certificates were cumulative or otherwise erroneously admitted, we find with "fair assurance" and "more probably than not" that the error was harmless. United States v. Hitt, 981 F.2d 422, 425 (9th Cir.1992).
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