Does the term 'judicial discretion' apply to the admission of threat evidence?

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

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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

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