Cal. Evidence Code § 352
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The court in its discretion may exclude 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.
Notes of Decisions
Cited in 3,004
cases (1,044 in the last 5 years), 1966–2026 · leading case: The People v. Edwards
The People v. Edwards (2013)
“(Evid. Code, § 352.) We conclude these claims are without merit.”
People v. Clark (2016)
“(Evid. Code, § 352.) That defendant shared these most intimate fantasies with Yancey was highly probative of the closeness of their relationship, which supported the prosecution’s case that they conspired to murder Williams to protect defendant.”
People v. Lindberg (2008)
“" (Evid. Code, § 352.) We presume the jury followed these instructions.”
People v. Partida (2005)
“Just before the detective testified, defense counsel renewed on the record that he was objecting to the gang evidence on the basis of Evidence Code section 352 because it was "unnecessary and at this point it's cumulative.”
People v. Geier (2007)
“" (Evid.Code, § 352.) Although the trial court did not expressly base its ruling on Evidence Code section 352, we review the ruling, not the court's reasoning and, if the ruling was correct on any ground, we affirm.”
People v. Dalton (2019)
“( Evid. Code, § 352.) *212 2) Analysis (a) Subpoena Dalton asserts the trial court erred in quashing her subpoena of Deputy District Attorney Dusek because his statements in the statement in aggravation and opposition **321 to McNeely's motion to withdraw his plea were…”
People v. Harrison (2005)
“Relevant proceedings In addition to the Thompson/Robinson murders, defendant was originally charged in a third count with the attempted murder *239 of Olin Davis, but the trial court granted defendant's motion to sever the attempted murder count from the two murder counts.”
People v. Nieves (2021)
“We have explained, however, that “the ordinary rules of evidence, including the application of Evidence Code section 352, do not infringe on the accused’s due process right to present a defense.”
People v. Riccardi (2012)
“24 Evidence Code section 352 states: ―The court in its discretion may exclude 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…”
People v. Silveria and Travis (2020)
“17 Moreover, Evidence Code section 352 gives the trial court wide latitude to “exclude 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…”
People v. Crittenden (1994)
“(Evid. Code, § 352.) Although at that time defendant did not renew his objection expressly on the basis of Miranda , the Placer County judge observed, after the prosecutor advised him that the judge in Butte County already had ruled upon the admissibility of the statements, that…”
People v. Steele (2002)
“The foregoing prejudice analysis would [1] Because I conclude that the admission of the challenged evidence violated California Evidence Code section 352, I do not reach the question whether it also violated defendant's due process rights under the federal Constitution.”
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