The party who seeks to use a so-called undue prejudice rule such as Federal Rule of Evidence 403 to exclude relevant and probative evidence bears the burden of demonstrating that the risks or harms associated with the challenged evidence are sufficient to warrant the exclusion of the evidence.

Cf. Forn v. Hornung, 343 F.3d 990, 995-999 (9th Cir. 2003) (upholding trial court's denial of the habeas corpus petition because even though the court erroneously admitted accomplice's November 13 statement which did....A statement that exposes a declarant (other than the defendant) to criminal liability is admissible under the hearsay exception for statements against interest to exculpate a criminal defendant only if corroborating circumstances show that the statement is trustworthy.

United States v. O'Dell, 204 F.3d 829, 833 (8th Cir. 2000) (upholding trial court's admission into evidence of accused's possession of methamphetamine because it was a direct evidence of accused's participation in the conspiracy ).Other crimes, wrongs, or acts are admissible and do not violate the prohibition against the use of character to show conduct if such acts are admissible to show the context of an event at issue at trial or to tell the full story or an intelligible story of a series of events at issue at trial.

United States v. Yakobowicz, 427 F.3d 144, pin? (2d Cir. 2005) (in this interesting case a panel of the Second Circuit discusses at length interim summaries or summations in criminal trials and explains, at length, why it thinks such summaries are in general suspect in...Argumentative interim summaries or summations are impermissible.