California, United States of America
The following excerpt is from People v. Ferguson, H043164 (Cal. App. 2017):
" '[T]he term judicial discretion "implies absence of arbitrary determination, capricious disposition or whimsical thinking." ' [Citation.] '[D]iscretion is abused whenever the court exceeds the bounds of reason, all of the circumstances being considered.' [Citation.]" (People v. Mullens (2004) 119 Cal.App.4th 648, 658, quoting People v. Giminez (1975) 14 Cal.3d 68, 72, 120.) In addition, " '[i]t is . . . well settled
Page 12
that the erroneous admission or exclusion of evidence does not require a reversal except where the error or errors caused a miscarriage of justice. [Citation.] "[A] 'miscarriage of justice' should be declared only when the court, 'after an examination of the entire cause, including the evidence,' is of the 'opinion' that it is reasonably probable that a result more favorable to the appealing party would have been reached in the absence of the error." [Citations.]' [Citations.]" (People v. Fields (2009) 175 Cal.App.4th 1001, 1018.)
D. No Abuse of Discretion in Admission of Threat Evidence
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.