California, United States of America
The following excerpt is from In re K.G., F059670, Kings Super. Ct. No. 09JD0088 (Cal. App. 2011):
Assuming that appellant is contending that cumulative evidentiary error occurred, we note an asserted erroneous admission or exclusion of evidence requires us to find "that the error or errors complained of resulted in a miscarriage of justice." (Evid. Code, 353, 354.) A miscarriage of justice should be declared only when the court, after an examination of the entire cause, including the evidence, is of the opinion that it is reasonably probable a result more favorable to the appealing party would have been reached in the absence of the error. This standard of review applies in civil and criminal cases. (People v. Rains (1999) 75 Cal.App.4th 1165, 1170.)
Page 42
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.