ONCALL
...Evidence
......Discretion to Exclude Relevant Evid.
4 Cards On This Topic:

Uncharged incidents of sexual assault properly admitted under EC §352 in defendants' trial for sexual assaults and murder.

EC §352 applies to evidence that tends to evoke an emotional bias against a defendant as an individual, and which has little effect on the issues.

Evidence is prejudicial under EC §352 when it evokes an emotional bias against defendant and has little effect on the issues; prejudice is not the damage that flows from relevant and highly probative evidence.

D's prior conviction for reckless evasion after carjacking was admissible, not under EC 1101(b), but under EC 352 to impeach D's credibility vis-a-vis V's.