Is there any case law in which a defendant was successful in admitting evidence that prejudicial testimony from a prosecution expert was prejudicial?

California, United States of America


The following excerpt is from People v. Batres, B225564, Los Angeles County Super. Ct. No. BA355670 (Cal. App. 2011):

Defendant contends the court erred in admitting certain evidence, including prejudicial testimony from the prosecution's gang expert, the black and white copies of the color six-pack photographs, and evidence pertaining to defendant's criminal record and other gang-related testimony. "A trial court's exercise of discretion in admitting or excluding evidence is reviewable for abuse [citation] and will not be disturbed except on a showing the trial court exercised its discretion in an arbitrary, capricious, or patently absurd manner that resulted in a manifest miscarriage of justice [citation]." (People v. Rodriguez (1999) 20 Cal.4th 1, 9-10.) The record reveals no abuse of discretion in the admission of evidence.

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