What is the test for the exclusion of evidence of moral turpitude in a criminal case?

California, United States of America


The following excerpt is from People v. Bennett, D076355 (Cal. App. 2020):

Evidence Code section 352 provides that the trial court has the discretion to exclude otherwise admissible 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." We review a court's ruling under Evidence Code section 352 for an abuse of discretion. (People v. Harris (2005) 37 Cal.4th 310, 337 [admissibility of impeachment evidence of past criminal conduct involving moral turpitude].)

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