Can a judge reverse a finding that the limitation of appellant's testimony was prejudiced?

California, United States of America


The following excerpt is from People v. Serna, 2d Crim. No. B270275 (Cal. App. 2017):

In any event, we cannot reverse the judgment unless the limitation of appellant's testimony "resulted in a miscarriage of justice." (Evid. Code, 354.) "Under these circumstances, [appellant] failed to make a record that permits a finding [s]he was prejudiced by the [trial court's ruling]." (People v. Anderson (2001) 25 Cal.4th 543, 581.) "[T]he reviewing court must know the substance of the excluded evidence [i.e., the excluded details of the prior violent incidents involving Alday] in order to assess prejudice. [Citations.]" (Id. at pp. 580-581.)

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