Is gang evidence relevant and not unduly prejudicial for abuse of discretion?

California, United States of America


The following excerpt is from The People v. Iniquez, B216516, No. MA041780 (Cal. App. 2010):

We review the trial court's decision on whether evidence, including gang evidence, is relevant and not unduly prejudicial for abuse of discretion. (People v. Avitia (2005) 127 Cal.App.4th 185, 193.) "Where, as here, a discretionary power is statutorily vested in the trial court, its exercise of that discretion 'must not be disturbed on appeal except on a showing that the court exercised its discretion in an arbitrary, capricious or patently absurd manner that resulted in a manifest miscarriage of justice. [Citations.]' [Citation.]" (People v. Rodrigues (1994) 8 Cal.4th 1060, 1124-1125.)

Other Questions


Is gang evidence relevant and not unduly prejudicial for abuse of discretion? (California, United States of America)
What is the test of relevance, relevance and abuse of discretion in determining the admissibility of evidence at trial? (California, United States of America)
Does the court abuse its discretion by admitting that evidence of two prior burglaries was not unduly prejudicial or otherwise inadmissible under section 352 of the Criminal Code? (California, United States of America)
When will a court not abuse its discretion in admitting evidence under Evidence Code section 352 of the California Evidence Code? (California, United States of America)
What is the test for abuse of discretion in determining whether a judge abused discretion in finding that a plaintiff's photographs were prejudicial? (California, United States of America)
Does the Court of Appeal have discretion to admit evidence of abuse of power or abuse of discretion? (California, United States of America)
What is the test for abuse of discretion on relevance and the exclusion of evidence under the Evidence Code? (California, United States of America)
What is relevant evidence relevant for abuse of discretion? (California, United States of America)
How have courts dealt with claims that evidence of a criminal gang was unduly prejudicial for abuse of discretion? (California, United States of America)
Does the trial court abuse its discretion to exclude prejudicial evidence at trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.