How have the courts reviewed the admissibility of evidence in the context of abuse of discretion?

MultiRegion, United States of America

The following excerpt is from U.S. v. Lepez, 976 F.2d 738 (9th Cir. 1992):

Questions of the admissibility of evidence which involve factual determination, rather than questions of law, are reviewed for an abuse of discretion. United States v. Wood, 943 F.2d 1048, 1055 (9th Cir.1991). Whether a tape recording is inaudible is a factual determination and is reviewed for abuse of discretion. United States v. Lane, 514 F.2d 22, 27 (9th Cir.1975); Cape v. United States, 283 F.2d 430, 435 (9th Cir.1960). Evidentiary rulings will be reversed for abuse of discretion only if such nonconstitutional error more likely than not affected the verdict. United States v. Yin, 935 F.2d 990, 994 (9th Cir.1991).

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