Does the abuse of review standard apply to any ruling by a trial court on the admissibility of evidence including one that turns on hearsay?

California, United States of America


The following excerpt is from People v. Madrigal, 2d Crim. No. B254702 (Cal. App. 2015):

We apply "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 hearsay nature of the evidence in question." (People v. Waidla (2000) 22 Cal.4th 690, 725.) "'[A] trial court's ruling will not be disturbed, and reversal of the judgment is not required, unless the trial court exercised its discretion in an arbitrary, capricious, or patently absurd manner that resulted in a manifest miscarriage of justice.' [Citation.]" (People v. Hovarter (2008) 44 Cal.4th 983, 1004.) The proper application of the rules of evidence does not violate the federal Constitution. (People v. Cunningham (2001) 25 Cal.4th 926, 998; see, e.g., Dowling v. United States (1990) 493 U.S. 342.)

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