Can a conviction be overturned based on the erroneous exclusion of evidence?
California, United States of America
The following excerpt is from People v. Collins, B271441 (Cal. App. 2017):
A conviction may not be reversed based on the erroneous exclusion of evidence unless the error resulted in a miscarriage of justice. (Evid. Code, 354; see People v. Ghebretensae (2013) 222 Cal.App.4th 741, 750 [erroneous exclusion of impeachment
Page 12
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the legal test for sufficiency of evidence to support a conviction where the evidence is based primarily on circumstantial evidence? (California, United States of America)
What is the legal test for overturning a conviction for assault where the evidence is based primarily on circumstantial evidence? (California, United States of America)
What is the legal test for overturning a conviction where the evidence supporting the conviction rests primarily on circumstantial evidence? (California, United States of America)
What is the legal test for overturning a conviction where the evidence is based primarily on circumstantial evidence? (California, United States of America)
Is insufficient evidence sufficient to overturn a conviction based on circumstantial evidence? (California, United States of America)
What is the legal test for overturning a conviction for sexual assault based solely on circumstantial evidence? (California, United States of America)
What is the test for exclusion of evidence in a criminal case based on evidence of gang membership? (California, United States of America)
What is the legal test for overturning a conviction for sexual assault based solely on circumstantial evidence? (California, United States of America)
What is the standard of review for overturning a finding that the exclusion of evidence was erroneous? (California, United States of America)
When a conviction for sexual assault is based primarily on circumstantial evidence, does the court have to presume every fact the trier could reasonably deduce from the evidence? (California, United States of America)
