In what circumstances will the court overturn a finding of improper admission of evidence?

California, United States of America


The following excerpt is from Dickey v. City of La Habra, G044486, Super. Ct. No. 06CC12528 (Cal. App. 2012):

In any event, even if the testimony was improper, there was no prejudice. (Cassim v. Allstate Ins. Co. (2004) 33 Cal.4th 780, 800 [reversible error requires showing of miscarriage of justice, which occurs "'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'"]; see Evid. Code, 353, subd. (b) [no reversal of judgment based on erroneous admission of evidence absent showing of miscarriage of justice].) The jury returned a special verdict finding in the City's favor on the threshold element of whether

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