What is the evidentiary test used on appeal in cases involving abuse of evidence?
California, United States of America
The following excerpt is from People v. Lee, B233403 (Cal. App. 2012):
In reviewing the trial court's evidentiary rulings, we apply the abuse of discretion standard. The trial court has the discretion to determine whether evidence is relevant, and on appeal we will not disturb the exercise of that discretion unless it was arbitrary, capricious, or patently absurd, resulting in a miscarriage of justice. (People v. Rodriguez (1999) 20 Cal.4th 1, 9-10.)
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