Does the abuse of discretion standard apply to any ruling by the appellate court on the admissibility of evidence?

California, United States of America


The following excerpt is from People v. Gutierrez, B241024 (Cal. App. 2013):

"'[A]n appellate court applies the abuse of discretion standard of review to any ruling by a trial court on the admissibility of evidence, including one that turns on the relative probativeness and prejudice of the evidence in question. . . .' [Citation.]" (People v. Jablonski (2006) 37 Cal.4th 774, 805.) "Where, as here, a discretionary power is statutorily vested in the trial court, its exercise of that discretion 'must not be disturbed on appeal except on a showing that the court exercised its discretion in an arbitrary, capricious or patently absurd manner that resulted in a manifest miscarriage of justice. [Citations.]' [Citation.]" (People v. Rodrigues, supra, 8 Cal.4th at pp. 1124-1125.)

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