California, United States of America
The following excerpt is from People v. Hernandez, H038995 (Cal. App. 2014):
" 'Relevant evidence' means evidence, including evidence relevant to the credibility of a witness or hearsay declarant, having any tendency in reason to prove or disprove any disputed fact that is of consequence to the determination of the action." (Evid. Code, 210.) However, even relevant evidence must be excluded if the danger of prejudice substantially outweighs the probative value of the evidence. Under Evidence Code section 352, "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." " 'Prejudice' in the context of Evidence Code section 352 refers to the possibility of misuse of the evidenceuse of the evidence by the trier of fact for a purpose for which the evidence is not properly admissible." (People v. Hoze (1987) 195 Cal.App.3d 949, 954.)
3. Standard of Review
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